Resolution ResDH(2004)70

concerning the judgment of the European Court of Human Rights

of 15 January 2002 (Friendly settlement)

in the case of Z.R. against Poland

(Adopted by the Committee of Ministers on 12th October 2004

at the 897th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Z.R. case delivered on 15 January 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 32499/96) against Poland, lodged with the European Commission of Human Rights on 22 July 1996 under former Article 25 of the Convention by Mr Z.R., a Polish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to the length of the applicant ' s pre-trial detention and his allegation that he had not been brought before a court in proceedings concerning judicial review of his detention;

Whereas in its judgment of 15 January 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Poland would pay the applicant, the global sum of 12 000 polish zlotys, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 11 March 2002, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment,

Recalling that, as regard the applicant ' s complaint relating to the length of his pre-trial detention declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgments Trzaska of 11/07/2000, Kudła of 26/10/2000, Jabłoński of 21/12/2000, Szeloch of 22/02/2001, Kreps of 26/07/2001, Iłowiecki of 4/10/2001, Olstowski of 15/11/2001, Klamecki (No. 2) of 3/04/2003, Goral of 30/10/2003, Matwiejczuk of 2/12/2003, G.K. of 20/01/2004 and D.P. of 20/01/2004), finding violations of Article 5§3 of the Convention on account of the excessive length of the applicants ' pre-trial detention;

Whereas, in this connection, the Polish authorities informed the Committee of Ministers that they adopted new general measures in order to put an end to the problem of length of pre-trial detention in Poland so as to prevent new violations similar to those found in the abovementioned cases (the new Code of Criminal Procedure, which entered into force on 1/09/1998, provides strict and precise grounds for pre-trial detention and a time-limit for its length),

Declares, after having examined the information supplied by the Government of Poland, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.