Published on 20 June 2022

FIRST SECTION

Application no. 17162/21 Ryszard CZAJKOWSKI against Poland and 8 other applications (see list appended) communicated on 1 June 2022

SUBJECT MATTER OF THE CASES

The applicants were defendants in criminal proceedings. All of them, after having been convicted at two instances, lodged cassation appeals with the Supreme Court. On dates specified in the appendix, the Supreme Court either dismissed or refused to entertain their cassation appeals. In each case the formation of the Criminal Chamber of the Supreme Court was composed of judges appointed to that court by the President of Poland pursuant to the recommendation of the National Council of the Judiciary ( Krajowa Rada Sądownictwa , “the NCJ”), as established under the Amending Act on the NCJ and certain other statutes of 8 December 2017 ( ustawa o zmianie ustawy o Krajowej Radzie Sądownictwa oraz niektórych innych ustaw ; “the 2017 Act”).

The applicants complain that their cases were examined by judicial formations of the Criminal Chamber of the Supreme Court, which included judges appointed on the NCJ’s recommendation, in breach of their right to an “independent and impartial tribunal established by law”, as guaranteed by Article 6 § 1 of the Convention.

QUESTION TO THE PARTIES

Was the formation of the Criminal Chamber of the Supreme Court which dealt with the applicants’ cases an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention?

Reference is made to the Court’s judgments in Advance Pharma sp. z o.o v. Poland , no. 1469/20, 3 February 2022 (not final), §§ 294-351, DoliÅ„ska ‑ Ficek and Ozimek v. Poland , nos. 49868/19 and 57511/19, 8 November 2021, §§ 283-359 and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, 1 December 2020, §§ 205 ‑ 290.

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

Notes

1.

17162/21

Czajkowski v. Poland

23/03/2021

Ryszard CZAJKOWSKI 1963 Stary Dzików Polish

The applicant was charged in 2016 with fraud. On 04/02/2019 the Lubaczów District Court convicted the applicant and sentenced to three years’ imprisonment. The applicant’s appeal was dismissed by the Przemyśl Regional Court on 07/10/2019.

On 24/09/2020 The Supreme Court dismissed his cassation appeal (case no. IV KK 201/20). It sat in a single judge formation, composed of judge M.M., appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

2.

18696/21

Sajon v. Poland

22/03/2021

Jerzy SAJON 1961 Zamość Polish

The applicant was charged in 2016 with fraud. On 04/02/2019 the Lubaczów District Court convicted the applicant and sentenced to three years’ imprisonment. The applicant’s appeal was dismissed by the Przemyśl Regional Court on 07/10/2019.

On 24/09/2020 The Supreme Court dismissed his cassation appeal (case no. IV KK 201/20). It sat in a single judge formation, composed of judge M.M., appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

3.

39887/21

Salwin v. Poland

30/07/2021

Paweł SALWIN 1978 Stargard Polish

Łukasz WĘGŁOWSKI

On 28/05/2018 the Szczecin Regional Court convicted the applicant of fraud and sentenced him to five years’ imprisonment. On 28/02/2019 the Szczecin Court of Appeal dismissed the appeal. The applicant lodged a cassation appeal.

On 10/03/2021 the Supreme Court dismissed his cassation appeal as manifestly ill-founded (case no. V KK 401/19). It sat in a panel of three judges including A.B. who was appointed to that court by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018) and M.M., appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

4.

43727/21

Łabudek v. Poland

18/08/2021

Zdzisław ŁABUDEK 1961 Wojkowice Polish

On 12 October 2016 the Katowice Regional Court convicted the applicant of homicide acting in an organised gang and sentenced to life imprisonment. On 10 July 2019 the Katowice Court of Appeal upheld the conviction. The applicant lodged a cassation appeal.

On 25 February 2021 the Supreme Court dismissed it as manifestly ill-founded (case no. IV KK 34/20). It sat as a panel of five judges of the Supreme Court including: A.B. and M.S. appointed to that court by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018) and M.M. and I.Z., appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

5.

45530/21

Szewczuk v. Poland

01/09/2021

Jerzy SZEWCZUK 1962 Zamość Polish

Sebastian KOTUŁA

On 9/05/2018 the Lublin Regional Court convicted the applicant and sentenced him to one year and eight months’ imprisonment for drug trafficking. His appeal was dismissed on 21/12/2018 by the Lublin Court of Appeal.

On 02/03/2021 the Supreme Court dismissed his cassation appeal as manifestly ill-founded (case no. III KK 413/19). It sat as a panel of three judges of the Supreme Court including: A.B. and M.S. appointed by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018) and I.Z. appointed on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

6.

46220/21

Palak v. Poland

09/09/2021

Zygmunt PALAK 1960 Sosnowiec Polish

Magdalena BIERNAT

On 15/01/2019 the Tychy District Court convicted the applicant of fraud and sentenced to six months’ imprisonment and fine. On 6/12/19 the Katowice Regional Court amended the judgment.

On 18 March 2021 the Supreme Court dismissed the cassation appeal as manifestly ill-founded (case no. IV KK 348/20). It sat in a single judge formation, composed of judge M.M., appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

7.

47767/21

Chrzanowski

v. Poland

22/09/2021

Daniel CHRZANOWSKI 1992 Sieradz Polish

Monika Małgorzata GĄSIOROWSKA

On 14/06/2019, the Rawa Mazowiecka District Court convicted the applicant for causing a road accident under influence of alcohol. On 01/06/2020 the Łódź Regional Court dismissed the appeal.

On 27/11/2020 the Supreme Court dismissed his cassation appeal as manifestly-ill founded (case no. II KK 326/20, notified to the applicant on 25/03/2021). It sat in camera in a single-judge formation composed of judge A.B. appointed to that court by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no. 331/2018).

8.

6026/22

Bujak v. Poland

14/01/2022

Patrycja Magdalena BUJAK 1984 Lublin Polish

Sebastian KOTUŁA

On 20/04/2018 the Lublin Regional Court convicted the applicant of drug related offences. On 17/10/2019 the Lublin Court of Appeal dismissed the applicant’s appeal.

On 19/10/2021 the Supreme Court dismissed her cassation appeal as manifestly ill founded (case no. III KK 204/20). It sat in a formation of three judges including judge M.S. appointed by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018) and I.Z. appointed on 4 May 2021 on recommendation of the NCJ (resolution of 21 November 2019, no. 1020/2019).

9.

6514/22

Kowarowski v. Poland

20/01/2022

Jan KOWAROWSKI 1948 Łasin Wybudowane Polish

On 23/09/2020 the Bydgoszcz Regional Court held that the applicant had lodged a false lustration declaration and barred him from running for a public office. On 22/02/2021 the Gdańsk Court of Appeal upheld that ruling.

On 21/07/2021 the Supreme Court dismissed his cassation appeal as manifestly ill-founded (case no. III KK 239/21). It sat in camera in a single-judge formation composed of judge A.B. appointed to that court by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018).