Resolution CM/ResDH(2013)85

Ł aszkiewicz against Poland

Execution of the judgment of the European Court of Human Rights

(Application No. 28481/03, judgment of 15/01/2008, final on 15/04/2008)

(Adopted by the Committee of Ministers on 7 May 2013 at the 1170th 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 the above 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 is 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 its above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment (see document DH-DD(2013)318E );

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.

Action report [1]

Information about the measures to comply with the judgments in the case

Łaszkiewicz against Poland

Case description

Łaszkiewicz, Application No. 28481/03, judgment of 15/01/2008, final on 15/04/2008

This case concerns a violation of Article 5 § 4 of the Convention as the proceedings before the Katowice District Court, in 2003, which reviewed lawfulness of the applicant ’ s detention on remand failed to ensure equality of arms and was not truly adversarial since the applicant could not adequately challenge motions for prolongation of her detention. Neither the applicant nor her lawyer were served with copies of motions for prolongation of the applicant ’ s detention and had the access to the case files.

I. Individual measures

The Court held that the finding of a violation constituted in itself sufficient just satisfaction for any non ‑ pecuniary damage sustained by the applicant. According to the judgment on 27/01/2004, the Katowice Regional Prosecutor ordered the applicant ’ s release. On 7 June 2004 the applicant ’ s counsel was allowed to consult the file.

In these circumstances, no other individual measure appears necessary.

II. General measures

The case is similar to the case Chruściński v. Poland, Application No. 28481/03, in which the Committee has closed its supervision, see: CM/ResDH(2011)142.

The judgment of the Court in Łaszkiewicz case was translated into Polish and published on the website of the Ministry of Justice ( www.ms.gov.pl ).

In these circumstances, no further general measure appears necessary.

III. Conclusions of the respondent State

The government considers that no individual measures are necessary in the present case and that the general measures adopted, notably the legislative changes, will be sufficient to conclude that Poland has complied with its obligations under Article 46, paragraph 1 of the Convention in respect to the breach of Article 6, paragraph 1 of the Convention.

[1] Information submitted by the Polish authorities on 20 March 2013.