PROCEDURE

The case originated in an application (no. 52690/99) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Lech Majewski (“the applicant”), on 18 June 1998.

The Polish Government (“the Government”) were represented by their Agent Mr. J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 24 August 2004 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of the proceedings to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1955 and lives in Szczecin, Poland.

B. The first set of civil proceedings

1. Facts before 1 May 1993

On 10 November 1990 the applicant lodged a civil action for compensation against the State Treasury - the Białystok Remand Centre with the Białystok District Court (Sąd Rejonowy). He alleged that upon his arrival in the Białystok Remand Centre, on 14 December 1989, he had been beaten and insulted by the prison guards and had subsequently not received proper medical care. The applicant claimed that in consequence of the excessive use of force against him he had sustained a spinal injury and suffered permanent disability. At the first hearing held on 20 December 1990 the court appointed a lawyer under a legal aid scheme for the applicant and ordered a copy of the case‑file concerning the criminal investigation concerning the events of December 1989. On 31 January 1991 the court held a hearing at which the applicant’s court‑appointed lawyer, Mr B.Z., was present. The court stayed the proceedings. On 17 July 1992 the Białystok District Court resumed the proceedings. However, on 12 August 1992 it decided to stay them again in view of the fact that the criminal proceedings against the Governor of the Białystok Remand Centre were pending.

2. Facts after 1 May 1993

On 29 May 1995 the Białystok District Court resumed the proceedings. The court further decided that the Białystok Regional Court (Sąd Wojewódzki) was competent to deal with the case.

On 18 January 1996 the Białystok Regional Court held the first hearing. In January 1997 the applicant was heard before the Trzcianka District Court. Between 18 September and 18 November 1997 the trial court held four hearings.

On 27 November 1997 the Białystok Regional Court gave judgment. It partly allowed the applicant’s action. The court acknowledged that the applicant had suffered moral damage as a result of the illegal actions of the state agents and awarded him compensation. The Regional Court dismissed the applicant’s allegations that the incident had caused a spinal injury and dismissed the remainder of his claims for compensation.

On 7 May 1998 the Białystok Court of Appeal (Sąd Apelacyjny) held a hearing and examined the appeal lodged by the State Treasury. The appellate court gave judgment in which it allowed the State Treasury’s appeal, quashed the impugned judgment, and dismissed the applicant’s action.

Subsequently, the applicant’s court-appointed lawyer refused to lodge a cassation appeal against this judgment on his behalf as he apparently found no legal grounds for it.

B. The second set of civil proceedings

1. Facts before 1 May 1993

On 28 January 1991 the applicant lodged a civil action for compensation against the State Treasury- Szczecin Remand Centre with the Szczecin Regional Court (Sąd Wojewódzki). He claimed PLN 2,500 in compensation for an accident which had occurred in 1983, during his detention in the Szczecin Remand Centre. The applicant further complained that the medical treatment he had received at the material time had been inadequate.

2. Facts after 1 May 1993

On 11 March 1994 the trial court held the first hearing. The applicant, who had been in detention since 1977, was not present at the hearing because he had failed to return to prison from leave. At that hearing, the court stayed the proceedings on the grounds that the applicant’s address could not be established.

On 20 November 2000 the Szczecin Regional Court resumed the proceedings.

On 24 April 2001 the trial court held a hearing at which it ordered that an expert opinion be obtained. On 13 December 2001 the court held a second hearing at which it decided that the applicant would be heard by another court since he had been transferred to a different prison. On 11 February 2002 the applicant was heard before the Trzcianka District Court. On 26 March and 7 May 2002 the Szczecin Regional Court held hearings.

On 24 May 2002 the trial court gave judgment. It dismissed the applicant’s action. The applicant’s court-appointed lawyer lodged an appeal against that judgment.

On 13 November 2002 the Poznań Court of Appeal allowed his appeal, quashed the Regional Court’s judgment and remitted the case to the first‑instance court.

On 9 June 2004 the Szczecin District Court held a hearing at which it heard the applicant.

On 21 June 2004 the court, sitting in camera, decided that an expert opinion be prepared. The expert opinion was submitted to the trial court on 27 October 2004.

On 3 November 2004 the applicant lodged with the Szczecin Regional Court a complaint alleging that his right to have his case examined within a reasonable time had been breached. He submitted that he had lodged a civil action on 28 January 1991 and despite the fact that he had not contributed to their length, the proceedings were still pending before the District Court. The applicant relied on the 2004 Act on complaints about a breach of the right to a trial within a reasonable time. At that time, the proceedings were pending before the District Court following the remittal of the case by the appellate court in 2002. According to the 2004 Act the Regional Court – being the court above the one conducting the impugned proceedings - was competent to examine the complaint (Section 4 § 1 of the 2004 Act, see the domestic law part below).

On 7 January 2005 the Szczecin Regional Court dismissed his complaint. The court examined only the course of the proceedings after the remittal of the case by the appellate court on 13 November 2002 and found no delays on the part of the District Court. As result, the court found that during this period the District Court had not violated the applicant’s right to have his case heard within a reasonable time. The Regional Court considered that it could not examine the part of the proceedings that had been pending between 1991 and 2002 before the Regional Court as this part of proceedings had already ended. The court stated: “...The District Court cannot be held responsible for possible delays that might have occurred before the Regional Court during the period between 24 May 1991 when the case was transferred to it and 14 May 2002 when the court gave a judgment... According to the provisions [of the 2004 Act] the Regional Court examining the complaint lodged by [the applicant] that the proceedings in his case before the District Court exceeded a reasonable time is not entitled to examine the course of the proceedings before the Szczecin Regional Court...”

It appears that the civil proceedings in this case are pending before the Szczecin District Court.