Published on 24 April 2023

FIRST SECTION

Application no. 9087/22 Grzegorz GAJKOWSKI against Poland and 14 other applications (see list appended) communicated on 5 April 2023

SUBJECT MATTER OF THE CASES

The applicants were defendants in criminal or lustration proceedings. All of them, after having been convicted or found to have lied in their lustration declarations at two instances, lodged cassation appeals with the Supreme Court ( Sąd Najwyższy ). On the dates specified in the appendix, the Supreme Court dismissed 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, §§ 294-351, 3 February 2022; Dolińska-Ficek and Ozimek v. Poland , nos. 49868/19 and 57511/19, §§ 283-359, 8 November 2021, and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 205-290, 1 December 2020.

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

Notes

1.

9087/22

Gajkowski v. Poland

04/02/2022

Grzegorz GAJKOWSKI 1964 Lodz Polish

Agnieszka BELDOWSKA-MARZEC

On 01/06/2016 the Łódź Regional Court acquitted the applicant of several drug-related charges. On 13/12/2016 the Łódź Court of Appeal quashed that judgment and remitted the case. On 02/11/2018 the Łódź Regional Court convicted the applicant and sentenced him to 7 years’ and 9 months’ imprisonment. On 18/03/2020 the Łódź Court of Appeal upheld the sentence.

On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal (case no. II KK 5/21). It sat in a panel of three judges, including Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

2.

13441/22

Uchański v. Poland

02/03/2022

Iwo UCHAŃSKI 1987 Oświęcim Polish

Maciej BURDA

On 4/04/2019 the Kraków Regional Court convicted the applicant of membership of a criminal gang and drug-related offences and sentenced him to 4 years’ imprisonment. On 24/03/2020 the Kraków Court of Appeal upheld the conviction and reduced the sentence.

On 19/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 553/20, served on 16/12/2021). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

3.

20244/22

Łakatosz v. Poland

12/04/2022

Herchanć ŁAKATOSZ 1963 Poznań Polish

Piotr ŁUCZAK

On 01/04/2019 the Poznań-Stare Miasto District Court convicted the applicant of multiple fraud offences and sentenced him to 6 years’ and 3 months’ imprisonment. On 01/07/2020 the Poznań Regional Court upheld that judgment.

On 12/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 36/21). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

4.

20429/22

Nazaruk v. Poland

05/04/2022

Mirosław NAZARUK 1971 Czeremcha Polish

Łukasz BUDŹKO

On 19/12/2018 the Białystok Regional Court convicted the applicant of homicide and sentenced him to 13 years’ imprisonment. On 25/10/2019 the Białystok Court of Appeal upheld that judgment.

On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. I KK 99/20). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

5.

20745/22

WÅ‚och v. Poland

12/04/2022

Lucyna WŁOCH 1975 Poznań Polish

Piotr ŁUCZAK

On 01/04/2019 the Poznań-Stare Miasto District Court convicted the applicant of multiple fraud offences and sentenced her to 6 years’ imprisonment. On 01/07/2020 the Poznań Regional Court upheld that judgment.

On 12/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 36/21). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

6.

20920/22

Szymczak v. Poland

04/04/2022

Dariusz SZYMCZAK 1965 Łódź Polish

On 01/06/2016 the Łódź Regional Court acquitted the applicant of drug-related charges. On 13/12/2016 the Łódź Court of Appeal quashed that judgment and remitted the case. On 02/11/2018 the Łódź Regional Court convicted the applicant and sentenced him to 7 years’ and 9 months’ imprisonment. On 18/03/2020 the Łódź Court of Appeal upheld the sentence.

On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. II KK 5/21, served on 08/10/2021). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

7.

25249/22

Hryszkiewicz v. Poland

10/05/2022

Robert HRYSZKIEWICZ 1979 Lloret del Mar Polish

On 24/09/2018 the Wrocław Regional Court convicted the applicant of fraud and sentenced him to 3 years’ imprisonment. On 29/09/2020 the Wrocław Court of Appeal amended that judgment but upheld the sentence.

On 29/12/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 590/21). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

8.

28626/22

Hulsz v. Poland

27/05/2022

Edmund HULSZ 1947 Gdańsk Polish

Katarzyna SZYBOWSKA

On 08/11/2016 the Gdańsk Regional Court determined that the applicant had lied in his lustration declaration by denying his collaboration with the Communist-era secret services. On 12/12/2017 the Gdańsk Court of Appeal upheld that judgment. On 19/09/2018 the Supreme Court quashed the second-instance judgment and remitted the case. On 30/09/2020 the Gdańsk Court of Appeal again upheld the judgment of 08/11/2016.

On 18/11/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. III KK 139/21, served on 28/01/2022). It sat in camera in a single-judge formation, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

9.

30049/22

Cupał and Others v. Poland

06/06/2022

Dariusz Stanisław CUPAŁ 1970 Wieliczka Polish Jarosław Maciej FORYŚ 1969 Wieliczka Polish Roman Stanisław ZABIEGAŁA 1961 Bochnia Polish

Monika Małgorzata GĄSIOROWSKA

On 27/02/2020 the Wieliczka District Court convicted the applicants of accepting bribes and handed them suspended prison sentences. On 29/06/2021 the Kraków Regional Court made minor changes to that judgment but upheld the sentences.

On 04/04/2022 the Supreme Court dismissed the applicants’ cassation appeals (case no. IV KK 680/21). It sat in camera in a single-judge formation, composed of Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

10.

31583/22

Krakowiak v. Poland

20/06/2022

Zbigniew KRAKOWIAK 1975 Kraków Polish

Maciej BURDA

On 10/08/2018 the Skarżysko-Kamienna District Court convicted the applicant of several offences, including theft and fraud, and sentenced him to 6 years’ and 2 months’ imprisonment. On 22/07/2020 the Kielce Regional Court amended that judgment but upheld the sentence.

On 04/04/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 402/21). It sat in a panel of three judges, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

11.

37798/22

DÄ…browski v. Poland

21/07/2022

Bartłomiej Tomasz DĄBROWSKI 1978 Skarżysko-Kamienna Polish

Maciej BURDA

On 10/08/2018 the Skarżysko-Kamienna District Court convicted the applicant of several offences, including robbery and theft, and sentenced him to 11 years’ imprisonment. On 22/07/2020 the Kielce Regional Court amended that judgment and reduced the sentence.

On 04/04/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 402/21). It sat in a panel of three judges, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).

12.

39577/22

Lazur v. Poland

28/07/2022

Dariusz Ryszard LAZUR 1978 ElblÄ…g Polish

Mateusz CZEPUKOJĆ

On 31/05/2017 the Elbląg Regional Court convicted the applicant of taking a hostage and sentenced him to 8 years’ imprisonment. On 15/04/2019 the Gdańsk Court of Appeal amended that judgment but upheld the sentence.

On 21/01/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. III KK 412/21, served on 28/01/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

13.

48801/22

Wiktorek v. Poland

10/10/2022

Michał WIKTOREK 1983 Popielawy Polish

Mariusz CHARKIEWICZ

On 15/07/2019 the Łódź Regional Court convicted the applicant of several offences, including membership of a criminal gang, and sentenced him to 3 years’ imprisonment. On 06/07/2021 the Łódź Court of Appeal upheld that judgment.

On 22/06/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 179/22, served on 13/07/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

14.

52771/22

Sokołowski v. Poland

28/10/2022

Krzysztof Piotr SOKOŁOWSKI 1983 Warszawa Polish

On 04/08/2020 the Warsaw District Court convicted the applicant of domestic violence and sentenced him to 3 months’ imprisonment. On 24/05/2021 the Warsaw Regional Court amended the legal characterisation of the applicant’s offence but upheld the sentence.

On 06/07/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. II KK 209/22, served on 12/07/2022). It sat in camera in a single-judge formation, composed of Mr Paweł Kołodziejski, appointed to that court by the President of Poland on 07/03/2022, on recommendation of the NCJ (resolution no. 786/2021 of 25/06/2021).

15.

4913/23

Malantowicz v. Poland

18/01/2023

Dawid MALANTOWICZ 1980 DUBLIN Polish

Lukasz PILARCZYK

On 13/11/2020 the Kołobrzeg District Court convicted the applicant of providing misleading information to a court and fined him. On 30/09/2021 the Słupsk Regional Court amended that judgment and, in addition to the fine, sentenced the applicant to 1 year’s imprisonment, suspended on probation.

On 21/09/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 94/22, served on 10/10/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).