European Court of Human Rights

Resolution CM/ResDH(2011)140¹

Execution of the judgments of the European Court of Human Rights

in 5 cases against Poland

W.S, Stankiewicz, Wilkowicz, Demski, Kachan

(Application No. 21508/02, judgment of 19/06/2007, final on 24/09/2007

Application No. 46917/99, judgment of 06/04/2006, final on 06/07/2006

Application No. 74168/01, judgment of 04/11/2008, final on 04/02/2009

Application No. 22695/03, judgment of 04/11/2008, final on 04/02/2009

Application No. 11300/03, judgment of 03/11/2009, final on 03/02/2010)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern breaches of the right to a fair trial (violations of article 6) and in the case Wilkowicz a breach of the applicant’s property rights, as the proceedings concerned his military pension (violation of article 1 of Protocol No. 1);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2011)140

Information on the measures taken to comply with the judgments

in 5 cases against Poland

W.S, Stankiewicz, Wilkowicz, Demski, Kachan

Introductory case summary

The cases concern violations of the right to a fair trial. In the cases W.S., Demski and Kachan, the applicants were not afforded the right to obtain attendance and examination of witnesses in criminal proceedings against them (violation of article 6, paragraph 1 in conjunction with article 6 paragraph 3 (d)). In the Stankiewicz case, the courts erroneously applied provisions of the civil code on litigation costs. The Wilkowicz case also concerns the non-enforcement of a domestic decision and judgments ordering the Military Pensions’ Office to pay the applicant’s pension (violation of article 6 paragraph 1 and article 1 of Protocol No. 1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicants in cases of W.S. Demski and Kachan may request re-opening of the criminal proceedings. The applicants Wilkowicz and Stankiewicz were awarded just satisfaction in respect of non-pecuniary damage by the European Court. Consequently, no other individual measures were considered necessary by the Committee of Ministers.

II. General measures

The judgments of the European Court have been published on the website of the Ministry of Justice (www.ms.gov.pl) and distributed among the relevant courts. No further general measures were considered necessary by the Committee of Ministers.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in their cases, that these measures will prevent new, similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.