Garcia Cifuentes and Others v. Poland

FIRST SECTION

Application no. 15630/25 Luisfer Duban GARCIA CIFUENTES against Poland and 2 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 1 October 2026 as a Committee composed of:

Frédéric Krenc , President , Davor Derenčinović, Alain Chablais , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Polish Government (“the Government”). In application no. 15630/25, complaints based on the same facts were also communicated under another provision of the Convention (see appended table).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Poland in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 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 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 a 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 22 October 2026.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under

well-established

case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

15630/25

14/05/2025

Luisfer Duban GARCIA CIFUENTES

1989

Art. 6 (1) - excessive length of criminal proceedings

18/06/2026

06/07/2026

8,500

-

27167/25

14/08/2025

Hector Alfonso GARCIA RESTREPO

1949

Przeworski Tomasz

Gdańsk

03/06/2026

02/03/2026

6,500

250

27210/25

14/08/2025

Asterio PEREA GUERRERO

1977

Przeworski Tomasz

Gdańsk

09/06/2026

02/03/2026

6,500

250

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.