Resolution ResDH (2003)39 concerning the judgment of the European Court of Human Rights of 21 December 2000 (final on 21 March 2001 ) in the case of Kliniecki against Poland

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 Kliniecki case delivered on 21 December 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 31387/96) against Poland, lodged with the European Commission of Human Rights on 25 September 1994 under former Article 25 of the Convention by Mr Czesław Kliniecki , a Polish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain criminal proceedings;

Whereas in its judgment of 21 December 2000 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;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Poland would pay the applicants the sum of 10 000 Polish zlotys, covering both pecuniary and non-pecuniary damage as well as costs;

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 22 December 2000, the Government of the respondent state had paid the applicants 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,

Declares, after having taken note of the information supplied by the Government of Poland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.