(Application no. 41701/07)
13 January 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Załuska v. Poland,
The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having deliberated in private on 9 December 2008,
Delivers the following judgment, which was adopted on that date:
I THE CIRCUMSTANCES OF THE CASE
A. Main proceedings [proceedings for redress for unwarranted pre-trial detention]
B. Proceedings under the 2004 Act
II. RELEVANT DOMESTIC LAW AND PRACTICE
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
The period in question ended on 27 September 2007. It thus lasted almost fourteen years and five months at one level of jurisdiction.
1. Parties' observations
2. The applicant's victim status – compatibility ratione personae
Therefore the Court finds that the redress afforded to the applicant at domestic level, considered on the basis of the facts of which he complains in the Convention proceedings, was insufficient.
Having regard to the above and the criteria for determining victim status in respect of length of proceedings complaints (as set out in: Cocchiarella v. Italy [GC], no. 64886/01, §§ 85-107, ECHR 2006-...,; Scordino (no.1) [GC], §§ 193-215, cited above; and Dubjakova v. Slovakia (dec.), no. 67299/01, 10 October 2004), the Court concludes that the complaint cannot be rejected as being incompatible ratione personae with the Convention.
There has accordingly been a breach of Article 6 § 1.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 12,300 (twelve thousand three hundred euros) in respect of non-pecuniary damage, plus any tax that may be chargeable;
(ii) EUR 500 (five hundred euros) in respect of costs and expenses, plus any tax that may be chargeable to the applicant;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 13 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence Early Nicolas Bratza
1 EUR 900
2 PLN 1.000.000
3 PLN 2.825.173
4 PLN 30.500
5 PLN 18.300