Rykalski and Others v. Poland

FIRST SECTION

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 Government”).

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

1982

Cupiał Dawid

Warsaw

10/03/2023

07/04/2023

2,085

34638/20

31/07/2020

Andrzej SAMORAJ

1982

Cupiał Dawid

Warsaw

10/03/2023

07/04/2023

3,480

37338/20

12/08/2020

Artur KORZENIEWSKI

1980

Cupiał Dawid

Warsaw

10/03/2023

07/04/2023

1,920

45754/20

06/10/2020

Jerzy BIŚTA

1954

Konieczyński Michał

Katowice

10/03/2023

11/04/2023

6,150

48860/20

06/10/2020

Artur KAWALEC

1972

Konieczyński 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

1949

Wojtyła Joanna

Gdańsk

23/03/2023

16/06/2023

8,600

18023/21

10/03/2021

Marcin KUBIKOWSKI

1977

Cupiał Dawid

Warsaw

19/05/2023

03/07/2023

3,900

22381/21

16/04/2021

Marek NAREWSKI

1967

Wysiadecka 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

1969

Cupiał Dawid

Warsaw

19/05/2023

19/06/2023

2,245

52442/21

17/10/2021

Adam KOWALSKI

1976

Cupiał 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

1969

Wojtyła 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.