Final Resolution ResDH(2001)10 Human Rights Application No. 31488/96 Ciepłuch 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 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (98) 384, adopted on 12 November 1998 in the case of Ciepłuch against Poland, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain criminal proceedings and of Article 5, paragraph 3, of the Convention on account of the excessive length of the applicant's detention on remand, and decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 18 November 1998;

Whereas at the 666 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 15 April 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, a global sum of 25 000 Polish zlotys, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 12 November 1998 and 15 April 1999, having regard to Poland's obligation under former Article 32, paragraph 4, of the Convention to abide by them;

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: translated copies of the Commission's report have accordingly been sent out to the Złotowo District Prosecutor, to the Poznań Regional Court and to the Ministry of Justice in order to be communicated to all courts of law; a circular letter from the Ministry of Justice has also been sent to the Director of the Judicial and Notary Department; in addition, the Commission's report was published in Polish in the Bulletin of the Information Centre of the Council of Europe in Warsaw , No 3/2000;

Whereas the Committee of Ministers satisfied itself that on 18 August 1999, the Government of the respondent State had paid the applicant the sum of 25 000 Polish zlotys as just satisfaction, plus 532,19 Polish zlotys in respect of the default interest due in accordance with the above-mentioned decision of the Committee of Ministers on just satisfaction, namely a total sum of 25 532,19 Polish zlotys,

Declares, after having taken note of the measures taken by the Government of Poland, that it has exercised its functions under former Article 32 of the Convention in this case.