Resolution ResDH (2004)18

concerning the judgment of the European Court of Human Rights of 19 October 2000 (final on 17 January 2001) in the case of WÅ‚och against Poland

(Adopted by the Committee of Ministers on 22 April 2004 at the 879th 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 judgment of the European Court of Human Rights in the WÅ‚och case delivered on 19 October 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 17 January 2001 since, at this date, the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 27785/95) against Poland, lodged with the European Commission of Human Rights on 5 December 1994 under former Article 25 of the Co n vention by Mr Włoch , a Polish national, and that the Commission declared admissible the complaints that the applicant’s detention on remand lacked any legal basis under Polish law at the relevant time; that the proceedings concerning the review of his detention on remand were not adversarial and that the criminal proceedings in his case were not conducted within a reasonable time;

Recalling that the case was brought before the Court on 1 November 1998, when Protocol No. 11 to the Convention entered into force (Article 5, paragraph 2 of Protocol No.11);

Whereas in its judgment of 19 October 2000 the Court unanimously:

- held that there had been no violation of Article 5, paragraph 1, of the Convention;

- held that there had been a violation of Article 5, paragraph 4, of the Convention;

- held that there had been no violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 2 600 Polish zlotys in respect of costs and expenses and that simple interest at an annual rate of 21% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

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

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 19 October 2000, having regard to Poland’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the entry into force in 1998 of a new Criminal Proceedings Code (see Resolution ResDH (2002)124 in the case Niedbała against Poland) ) , in particular through the entry into force on 1 September 1998 (i.e. subsequent to the impugned facts) of the new Code of Criminal Procedure, and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 9 April 2001, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 19 October 2000,

Declares, after having examined the information supplied by the Government of Poland, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.