Nogajski v. Poland

FIRST SECTION

Application no. 17658/21 Grzegorz NOGAJSKI against Poland

(see appended table)

The European Court of Human Rights (First Section), sitting on 14 December 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 16 July 2021,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

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 in that regard were communicated to the Polish Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the length of the proceedings which ended on 1 June 2021.

In particular, the Court notes that the proceedings complained of are no longer pending. On 1 June 2021 the Warsaw-Praga Regional Court issued the final judgment. Thus, the proceeding lasted in total three years and twenty ‑ four days at two levels of jurisdiction. There were no delays in the proceedings attributable to the authorities.

In view of the above, the Court finds that the complaint under Article 6 of the Convention is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

Moreover, since the applicant’s complaint under Article 6 § 1 is inadmissible, it follows that there is no “arguable claim” of a violation of the applicant’s rights under Article 6 § 1 for the purposes of Article 13 of the Convention. Consequently, the complaint under Article 13 is also manifestly ill-founded.

In view of the above, the Court finds that the application is inadmissible and 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 18 January 2024.

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)

17658/21

16/07/2021

Grzegorz NOGAJSKI

1986

09/05/2018

01/06/2021

3 year(s) and 24 day(s) 2 level(s) of jurisdiction

Warsaw Court of Appeal, 13/04/2021, case no. II S 97/20, PLN 2,000