Resolution ResDH(2000)131

concerning the judgment of the European Court of Human Rights of 6 June 2000 in the case of Mikulski against Poland

(Adopted by the Committee of Ministers on 2 October 2000 at the 721st 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 Mikulski case delivered on 6 June 2000 and transmitted on the same date to the Committee of Ministers in accordance with Article 46 of the Convention;

Recalling that the case originated in an application (No. 27914/95) against Poland, lodged with the European Commission of Human Rights on 14 November 1994 under former Article 25 of the Co n vention by Mr Piotr Mikulski , a Polish national, and that the Commission declared admissible the complaints relating to the excessive length of the applicant’s detention on remand, to the excessive length of the criminal proceedings brought against him, and to the lack of internal effective remedies to complain of the length of those proceedings;

Recalling that the case was brought before the Court by the Commission on 28 October 1999 and by the Government of the respondent State on 22 December 1999;

Whereas in its judgment of 6 June 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 applicant, after signing the declarations by the parties concerned and not later than after the notification of the judgment, 20 000 Polish zlotys for all kind of damages;

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 former Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 11 May 2000, within the time-limit set in the friendly settlement, the Government of the respondent State had paid the applicant the sum provided for in this 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 exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.