Published on 7 February 2022

FIRST SECTION

Application no. 28745/21 Barbara KILIAS against Poland lodged on 21 May 2021 communicated on 17 January 2022

SUBJECT MATTER OF THE CASE

The application concerns the effectiveness of an investigation into the beating of the applicant, as a result of which she suffered multiple injuries to her head and upper body, requiring repeated surgery and resulting in a permanent loss of her sense of smell. The offence was allegedly perpetrated by her brother.

The investigation was initiated on 24 May 2015 and in October 2015 the prosecutor lodged a bill of indictment with the Jastrzębie Zdrój District Court ( Sąd Rejonowy ).

The applicant twice complained about the allegedly excessive length of criminal proceedings which have so far lasted for six years on a single level of jurisdiction and are still pending. Both complaints were dismissed by the Gliwice Regional Court ( Sąd Okręgowy ) and Rybnik Regional Court on 8 October 2019 and 8 December 2020, respectively.

The applicant complains under Article 3 of the Convention that the criminal proceedings against her brother have lasted excessively long, depriving her of a practical and effective protection against inhuman and degrading treatment inflicted by private parties.

QUESTION TO THE PARTIES

Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), has the investigation in the present case by the domestic authorities been in breach of Article 3 of the Convention? In particular, have the authorities reacted in a manner allowing for the examination of the merits of the case within a reasonable time (see, mutatis mutandis , C.A.S. and C.S. v. Romania , no. 26692/05, § 70, 20 March 2012, N.D. v. Slovenia , no. 16605/09, § 58, 15 January 2015, Mažukna v. Lithuania , no. 72092/12, § 83, 11 April 2017)?