Resolution ResDH(2001)9 concerning the judgment of the European Court of Human Rights of 25 March 1998 in the case of Belziuk against Poland

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of former Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Belziuk case delivered on 25 March 1998 and transmitted the same day to the Committee of Ministers under former Article 54 of the Convention;

Recalling that the case originated in an application (No. 23103/93) against Poland, lodged with the European Commission of Human Rights on 31 May 1993 under former Article 25 of the Convention by Mr Antoni Belziuk, a Polish national, and that the Commission declared admissible the complaint relating to unfairness of certain criminal proceedings in that the applicant was not allowed to appear in person at the hearing before the Court of appeal in order to present his defence;

Recalling that the case was brought before the Court by the Commission on 23 April 1997 and by the Government on 13 June 1997;

Whereas in its judgment of 25 March 1998 the Court unanimously:

- held that there was a violation of Article 6, paragraphs 1 and 3 c) of the Convention taken together;

- held that the finding of a violation constituted in itself sufficient just satisfaction for any alleged non-pecuniary damage;

- dismissed the applicant's claim for costs and expenses;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of former Article 54 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 25 March 1998, having regard to Poland's obligation under former Article 53 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 gave the Committee information about the measures taken in order to prevent new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution),

Declares, after having taken note of the information supplied by the Government of Poland, that it has exercised its functions under former Article 54 of the Convention in this case.

Appendix to Resolution ResDH(2001)9

Information provided by the Government of Poland during the examination of the Belziuk case

by the Committee of Ministers

The judgment of the European Court of Human Rights in the Belziuk case has been translated and transmitted immediately after its delivery, to Regional Courts (acting as the Courts of appeal) with a circular letter from the Ministry of Justice. Having regard to Poland's obligation under the Convention, the letter stressed, inter alia , the necessity to change the practice of the courts of appeal under Articles 400 and 401 of the Code of Criminal Procedure as regards the admission of the accused to the appeal hearing. The Belziuk judgment has furthermore received wide publicity in Poland. An extensive summary of the judgment (in Polish) was published in the legal section of Rzeczpospolita, one of the most important daily newspapers. The translation of the judgment was also published in the journal Prawo miedzynarodowe publiczne (Sopot: LEX, 1998, III, pp.519-531).

Shortly after the Belziuk judgment, on 6 June 1998, the Code of Criminal Procedure was amended. A new Article 451 which replaced the earlier Article 401 limited appeal courts' discretion to decide whether or not to bring our accused person in detention to the hearing in case of appeals to have a prison sentence increased (Article 451, paragraph 2). The main rule remained however unchanged: " The Court of appeal may order an accused, who is detained, to be brought to the hearing " (Article 451, paragraph 1, cf. paragraph 14 of the European Court's judgment in the Belziuk case).

Following the wide dissemination of the European Court's judgment, the Polish courts expressly adapted their interpretation of the new Article to the requirements of the Convention as laid down by the European Court, notably in the Belziuk case. The change of the domestic practice is evidenced by several judgments of the Supreme Court, notably quashing judgments delivered by regional courts which wrongfully refused to bring the accused to those appeal hearings (see for example the Supreme Court's judgments of 10 November 1999 and 5 December 2000). The Supreme Court's case-law shows that it is willing to give direct effect to the jurisprudence of the European Court, thus ensuring that Poland respects its undertakings under the Convention.

With a view to harmonising Article 451 of the Code of Criminal Procedure with the new domestic practice developed on the basis of Belziuk judgment, the Government decided to amend this Article further. The new text, which was adopted on 20 July 2000 and entered into force on 1 September 2000, provides as follows: " The Court of appeal shall order an accused, who is detained, to be brought to the hearing, unless the court considers that the presence of his or her defence counsel is sufficient. "

The Government is of the opinion that the new legislative provision together with the direct effect given to the Convention and the European Court's judgments in Polish law (see the examples above) will effectively prevent the repetition of new similar violations of Article 6. The Government accordingly considers that Poland has complied with its obligation under former Article 53 of the Convention.