NESTEROWICZ GIZA AND OTHERS v. POLAND
Doc ref: 49550/19;57038/19;7541/20;14333/20;24645/20;32864/20 • ECHR ID: 001-215745
Document date: January 20, 2022
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FIRST SECTION
DECISION
Application no. 49550/19 Anna Marta NESTEROWICZ GIZA against Poland and 5 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 20 January 2022 as a Committee composed of:
Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of criminal proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declarations made by the Government, the cases should be treated as friendly settlements between the parties.
It therefore takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 February 2022.
Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of criminal proceedings and lack of any effective remedy in domestic law)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses
per applicant
(in euros) [1]
49550/19
13/09/2019
Anna Marta NESTEROWICZ GIZA
1971
09/07/2021
24/08/2021
7,410
57038/19
18/10/2019
Marcin FALKOWICZ
1984
08/07/2021
17/08/2021
2,290
7541/20
31/01/2020
Cezary Gabriel SZTOMPKA
1973
28/06/2021
30/08/2021
5,900
14333/20
12/08/2020
Kamil KLIMCZEWSKI
1991Cupiał Dawid
Warsaw
09/07/2021
06/09/2021
1,510
24645/20
07/06/2020
Łukasz HAMERSKI
1992Cupiał Dawid
Warsaw
09/07/2021
20/08/2021
2,340
32864/20
15/07/2020
Marcin HADAÅš
1983
09/06/2021
24/08/2021
1,840
[1] Plus any tax that may be chargeable to the applicants.