RYKALSKI AND OTHERS v. POLAND
Doc ref: 58201/19, 34637/20, 34638/20, 37338/20, 45754/20, 48860/20, 52114/20, 54240/20, 18023/21, 22381/21, ... • ECHR ID: 001-229538
Document date: November 9, 2023
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FIRST SECTION
DECISION
Application no. 58201/19 Piotr RYKALSKI against Poland and 17 other applications
(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 applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ 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 Governmentâ€).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of criminal proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 30 November 2023.
Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President
APPENDIX
List of applications 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)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
58201/19
25/10/2019
Piotr RYKALSKI
1976
10/03/2023
24/04/2023
9,760
34637/20
31/07/2020
Andrzej SAMORAJ
1982Cupiał Dawid
Warsaw
10/03/2023
07/04/2023
2,085
34638/20
31/07/2020
Andrzej SAMORAJ
1982Cupiał Dawid
Warsaw
10/03/2023
07/04/2023
3,480
37338/20
12/08/2020
Artur KORZENIEWSKI
1980Cupiał Dawid
Warsaw
10/03/2023
07/04/2023
1,920
45754/20
06/10/2020
Jerzy BIÅšTA
1954Konieczyński Michał
Katowice
10/03/2023
11/04/2023
6,150
48860/20
06/10/2020
Artur KAWALEC
1972Konieczyński Michał
Katowice
23/03/2023
07/06/2023
6,770
52114/20
13/11/2020
Paweł KOWALIK
1980
23/03/2023
19/06/2023
2,360
54240/20
26/11/2020
Jerzy RADZISZEWSKI
1949Wojtyła Joanna
Gdańsk
23/03/2023
16/06/2023
8,600
18023/21
10/03/2021
Marcin KUBIKOWSKI
1977Cupiał Dawid
Warsaw
19/05/2023
03/07/2023
3,900
22381/21
16/04/2021
Marek NAREWSKI
1967Wysiadecka Katarzyna
Piaseczno
05/04/2023
05/07/2023
5,630
22854/21
28/05/2021
Piotr WYSOCKI
1987
30/03/2023
04/07/2023
2,340
36581/21
12/07/2021
Norbert BREJNAK
1969Cupiał Dawid
Warsaw
19/05/2023
19/06/2023
2,245
52442/21
17/10/2021
Adam KOWALSKI
1976Cupiał Dawid
Warsaw
19/05/2023
29/06/2023
910
1757/22
20/12/2021
Marek NOWAK
1974
31/05/2023
24/08/2023
2,940
3394/22
30/11/2021
Artur KOWALCZYK
1971
31/05/2023
25/07/2023
9,630
6491/22
21/01/2022
Piotr KAZEK
1969Wojtyła Joanna
Gdańsk
31/05/2023
12/07/2023
4,310
13736/22
02/03/2022
Robert ARCHICIŃSKI
1969
31/05/2023
17/07/2023
3,050
15160/22
16/03/2022
Jacek WANAT
1970
31/05/2023
24/07/2023
3,120
[1] Plus any tax that may be chargeable to the applicants.