FIRST SECTION

DECISION

Application no. 27122/21 Benon KANKOWSKI against Poland

(see appended table)

The European Court of Human Rights (First Section), sitting on 9 November 2023 as a Committee composed of:

Lətif Hüseynov , President , Krzysztof Wojtyczek, Ivana Jelić , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 May 2021,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).

THE LAW

The applicant complained that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement and that he had no effective remedy in this connection. He relied on Article 6 § 1 and Article 13 of the Convention.

The Government requested the Court to clarify the issue of the applicant’s name since the proceedings before the Gdańsk Court of Appeal, cases nos. II S 12/17 and II S 78/20, had not involved Mr Benon Kankowski. The proceedings in question concerned criminal charges made against another person, Mr Adam Kankowski. The applicant, having been invited to submit comments of the Government’s submissions, did not reply to the Registry’s letter.

The Court reiterates that an application may be rejected as abusive under Article 35 § 3 of the Convention, among other reasons, if it was knowingly based on untrue facts (see Varbanov v. Bulgaria , no. 31365/96, § 36, ECHR 2000-X; Popov v. Moldova (no. 1) , no. 74153/01, § 48, 18 January 2005; Řehák v. Czech Republic (dec.), no. 67208/01, 18 May 2004; Kerechashvili v. Georgia (dec.), no. 5667/02, 2 May 2006; Bagheri and Maliki v. the Netherlands (dec.), no. 30164/06, 15 May 2007; and Khvichia and Others v. Georgia (dec.), no. 26446/06, 23 June 2009).

The applicant did not provide any clarification as to the discrepancy between the name of the applicant and that of the accused in the proceedings complained of. Having regard to the importance of the information at issue for the proper determination of the present case, the Court finds that the applicant’s conduct was contrary to the purpose of the right of individual petition, as provided for in Article 34 of the Convention.

In view of the above, the Court finds that these complaints must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 30 November 2023.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of criminal proceedings and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant’s name

Year of birth

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

Domestic decision on complaint under

the 2004 Act

Domestic award

(in Polish zlotys)

27122/21

11/05/2021

Benon KANKOWSKI

1974

06/11/2013

pending

More than 7 year(s), 9 month(s)

and 5 day(s)

1 level(s) of jurisdiction

Gdańsk Court of Appeal, 27/07/2017,

case no. II S 12/17

Gdańsk Court of Appeal, 21/12/2020,

case no. II S 78/20