PROCEDURE

The case originated in an application (no. 4064/03) 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”) by a Polish national, Mr Stanisław Opałko (“the applicant”), on 22 January 2003.

The Polish Government were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 19 March 2007 the President of the Fourth Section of the Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility. The President also gave priority to the application, pursuant to Rule 41 of the Rules of the Court.

On 10 December 2007 at 5.35 p.m. the Government sent a facsimile to the Court informing it that they were ready to settle the case. However, having regard to the fact that it was considering a draft of a judgment in the case at that stage, the Court decided to treat the Government's initiative as belated and to proceed with its deliberations.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1935 and lives in Komorowice.

In 1986 the applicant was arrested and detained on remand on a charge of stealing 4 tons of coal. The subsequent criminal proceedings against him ended in 1991, when he was finally acquitted.

On 22 January 1992 the applicant lodged with the Wrocław Regional Court (Sąd Wojewódzki) an action for compensation for unlawful detention in 1986.

On 22 August 1994 the court held the first hearing, which was however adjourned.

At the second hearing held on 31 August 1995 the court dismissed the applicant's action.

On 7 September 1995 the applicant lodged an appeal against the decision. However, the case file was transferred to the Wrocław Court of Appeal (Sąd Apelacyjny) only on 21 May 1999.

On 14 July 1999 the Court of Appeal dismissed the appeal.

August 1999 the applicant lodged a cassation appeal with the Supreme Court (Sąd Najwyższy).

On 6 February 2002 the Supreme Court allowed the appeal, quashed both judgments and remitted the case to the Regional Court.

The Wrocław Regional Court held the first hearing on 24 September 2002. Subsequently, on seven occasions, the composition of the court changed so the proceedings had to start from the beginning.

On 16 March 2005 the applicant lodged a complaint about the unreasonable length of the proceedings under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”).

On 29 April 2005 the Wrocław Court of Appeal allowed the complaint and granted the applicant PLN 2,000 in compensation (approximately EUR 514). The court analysed the course of the impugned proceedings in the light of the criteria which the Court itself applies and concluded that the Regional Court had violated the applicant's right to a hearing without unjustified delay.

On 14 October 2005 the Wrocław Regional Court gave judgment. The court allowed the applicant's action and granted him PLN 27,000 in compensation for his unlawful detention in 1986. The applicant appealed.

On 19 April 2006 the Wrocław Court of Appeal upheld the judgment.

The applicant did not lodge a cassation appeal and the judgment became final.