Resolution ResDH(2001)11 concerning the judgment of the European Court of Human Rights of 25 March 1999 in the case of Musiał 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 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 Musiał case delivered on 25 March 1999 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. 24557/94) against Poland, lodged with the European Commission of Human Rights on 10 January 1994 under former Article 25 of the Convention by Mr Zbigniew Musiał, a Polish national, and that the Commission declared admissible the complaint that the judicial proceedings concerning the lawfulness of the applicant's detention in a mental hospital had not been conducted speedily;

Recalling that the case was brought before the Court by the Government of Poland on 17 August 1998 and by the applicant on 7 August 1998;

Whereas in its judgment of 25 March 1999 the Court:

- held, by sixteen votes to one, that there had been a violation of Article 5, paragraph 4, of the Convention;

- held, by sixteen votes to one, that the respondent State was to pay the applicant, within three months 15 000 zlotys in respect of non-pecuniary damage; and that simple interest at an annual rate of 24% would be payable on this sum 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 25 March 1999, 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 gave the Committee information about the general measures taken to prevent new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution);

Having satisfied itself that on 24 June 1999, within the time-limit set, the Government of the respondent State paid to the heirs of the diseased applicant the sum provided for in the judgment of 25 March 1999,

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.

Appendix to Resolution ResDH(2001)11

Information provided by the Government of Poland during the examination of the Musiał case by the Committee of Ministers

In order to prevent new similar violations, the Ministry of Justice disseminated the judgment of the European Court of Human Rights (in Polish translation) to courts, specifically drawing their attention to the fact that they remain fully responsible for ensuring that experts respect the deadlines imposed so as to avoid any unnecessary delay. The judgment has furthermore been disseminated to the Polish authorities, in particular those responsible for delays in the Musiał case (Katowice Regional Court, Rybnik mental hospital and Cracow University). In addition, the translation of the judgment has been published in the Bulletin of the Information Centre of the Council of Europe in Warsaw (No. 3/2000, pp. 143-155).

It has furthermore been decided to increase the number of experts attached to the regional courts and their honorarium rates. The Presidents of regional courts have also taken administrative measures to improve co-operation between the courts and experts, notably through the organisation of more frequent joint meetings.

In the Government's opinion, the above measures will prevent new violations similar to that found in the Musiał case and help to ensure that Polish courts respect the requirement of “speediness” imposed by Article 5, paragraph 4, of the Convention. The Government accordingly considers that Poland has complied with its obligation under Article 46, paragraph 1, of the Convention in the present case.