Resolution ResDH (2001)141 concerning the judgment of the European Court of Human Rights of 4 April 2000 in the case of Witold Litwa against Poland

(Adopted by the Committee of Ministers on 15 October 2001 at the 764th meeting of the Minis ters’ 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 Witold Litwa case delivered on 4 April 2000 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. 26629/95) against Poland, lodged with the European Commission of Human Rights on 6 August 1994 under former Article 25 of the Convention by Mr Witold Litwa , a Polish national, and that the Commission declared admissible the complaint that his detention in a “sobering-up centre” was unlawful and arbitrary;

Recalling that the case was brought before the Court by the Commission, on 6 March 1999;

Whereas in its judgment of 4 April 2000 the Court:

- held, by six votes to one, that there had been a violation of Article 5, paragraph 1, of the Convention;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months, 8 000 Polish zlotys in respect of non-pecuniary damage; 15 000 Polish zlotys in respect of costs and expenses together with any value-added tax that may be chargeable, less 13 174 French francs to be converted into Polish zlotys at the exchange rate applicable at the date of delivery of the judgment and that simple interest at an annual rate of 21% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, the remainder of the applicant’s claim for just satisfaction;

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 measures which had been taken in consequence of the judgment of 4 April 2000, having regard to Poland’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment translated into Polish had accordingly been sent out to the police and staff of all sobering-up centres under the supervision of local self-governments, together with a circular letter from the Ministry of Internal Affairs; in addition, the Court’s judgment has been published in the Bulletin of the Council of Europe ;

Having satisfied itself that on 2 June 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 4 April 2000,

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.