ŁABA AND OTHERS v. POLAND
Doc ref: 18157/20, 18165/20, 22015/20, 22932/20, 24184/20, 24747/20, 25000/20, 29862/20, 30813/20, 37191/20, ... • ECHR ID: 001-222062
Document date: November 24, 2022
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FIRST SECTION
DECISION
Application no. 18157/20 Aleksander ŁABA against Poland and 13 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 24 November 2022 as a Committee composed of:
Ivana Jelić , President , Krzysztof Wojtyczek, Erik Wennerström , 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 declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is 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 15 December 2022.
Viktoriya Maradudina Ivana Jelić 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]
18157/20
15/04/2020
Aleksander ŁABA
1966
13/09/2021
27/10/2021
6,270
18165/20
03/04/2020
Krzysztof LEWANDOWSKI
1972Babski Dariusz Jan
Szczecin
21/09/2021
26/10/2021
4,940
22015/20
22/05/2020
Arkadiusz MATUSZCZAK
1971Cholewiak Mateusz
Szczecin
20/09/2021
08/11/2021
5,070
22932/20
22/05/2020
Wojciech DYBOWSKI
1963Cholewiak Mateusz
Szczecin
21/09/2021
08/11/2021
5,070
24184/20
02/06/2020
Piotr KUPRASZ
1976Kłosiński Piotr
Lodz
21/09/2021
03/11/2021
4,660
24747/20
07/06/2020
Pawel SKONECKI
1981Cupiał Dawid
Warsaw
21/09/2021
20/10/2021
3,120
25000/20
07/06/2020
Andrzej KAMIŃSKI
1968Cupiał Dawid
Warsaw
17/01/2022
19/08/2022
2,900
29862/20
06/07/2020
Piotr MARKOWSKI
1985
17/01/2022
29/08/2022
1,590
30813/20
07/07/2020
Aleksander Stefan SZNAPIK
1951
17/01/2022
22/08/2022
4,680
37191/20
11/08/2020
Sylwester JASIŃSKI
1981
17/01/2022
29/08/2022
1,885
39320/20
27/08/2020
Marcin NOWACZYK
1984Lipski Marcin
Gdańsk
20/09/2021
16/11/2021
2,340
39446/20
17/08/2020
Wojciech Piotr STEGENDA
1975
21/09/2021
26/10/2021
5,460
39522/20
27/08/2020
Maciej CHWALISZ
1973Lipski Marcin
Gdańsk
17/01/2022
30/09/2022
7,410
54646/20
10/11/2020
Przemysław NOWAKOWSKI
1981
17/01/2022
22/08/2022
3,430
[1] Plus any tax that may be chargeable to the applicants.