Resolution CM/ ResDH ( 201 5 ) 49

Execution of the judgment of the European Court of Human Rights D Å‚ ugo Å‚Ä™ cki against Poland

Application

Case

Judgment of

Final on

23806/03

DŁUGOŁĘCKI

24/05/2009

(Adopted by the Committee of Ministers on 1 April 2015 at the 1224th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined information provided by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see details in Appendix);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 201 5 ) 49

Information about the measures to comply with the judgment in the case of D Å‚ ugo Å‚Ä™ cki against Poland

Introductory case summary

Relying on Article 10 of the Convention the applicant complained about having been sanctioned by the Polish courts in 2002 for insulting a local politician. The Court first found that the article written by Mr Długołęcki had been fairly balanced and of public interest. The Court then, having noted that Mr Długołęcki had abandoned journalistic activity following the criminal proceedings against him, concluded that they had had the detrimental effect of discouraging him entirely from contributing freely to public discussions in the future. The Court therefore held that, given the interest a democratic society had in ensuring the freedom of the press in the context of free elections, the sanctions in respect of Mr Długołęcki had been in violation of Article 10.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

3 000 EUR

-

3 000 EUR

Paid on 27/07/2009

b) Individual measures

Following the judgment of the European Court, the applicant successfully requested re-opening of the proceedings. His case was remitted to the Gdańsk District Court, which discontinued the criminal proceedings against him in a decision that became final on 20 August 2010.

II. General measures

The judgment was translated and published on the website of the Ministry of Justice ( http://ms.gov.pl/ ) and sent out to competent courts. This case presents similarities to the DÄ…browski g roup (18235/02), closed with F inal R esolution CM/ ResDH ( 2011)16 .

III. Conclusions of the respondent S tate

The g overnment considers that the measures taken have fully erased the consequences for the applicant of the violations of the Convention found by the European Court in these cases, that these measures will prevent new similar violations in future and that Poland has therefore complied with its obligations under Article 46, paragraph 1, of the Convention