PROCEDURE

The case originated in an application (no. 51429/99) 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 Janusz Paśnicki (“the applicant”), on 17 March 1999.

The applicant was represented by Mr A. Zieliński, a lawyer practising in Szczecin, Poland. The Polish Government (“the Government”) were represented by their Agent, Mr Krzysztof Drzewicki, of the Ministry of Foreign Affairs.

The applicant alleged that his right to a “hearing within a reasonable time” had not been respected.

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1) . This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a decision of 15 October 2002 the Court declared the application admissible.

THE FACTS

The applicant was born in 1936 and lives in Kamień Pomorski, Poland.

The applicant was a manager of the Kamień Pomorski health resort. On 14 May 1990 he filed an action with the Szczecin Regional Court (Sąd Wojewódzki), in which he requested that a certain A.P. (“the defendant”) be ordered to stop spreading information damaging to the good name of the applicant and to retract in the press his defamatory statements.

Subsequently, the court held hearings on 2 July and 5 September 1990.

On 3 October 1990 the court held a hearing. It heard a witness and decided to stay the proceedings until the completion of proceedings concerning the applicant’s dismissal from the position of manager. On 27 December 1991 the dismissal proceedings were terminated.

On 30 January 1992 the applicant requested the court to resume the defamation proceedings. On 7 December 1992 the trial court resumed the proceedings.

On 5 March 1993 the court adjourned a hearing, because of the lack of the defendant’s pleadings in the case file.

On 11 August 1993 the applicant extended his claim.

On 21 October 1994 the court held a hearing.

On 6 December 1995 the court adjourned a hearing at the defendant’s request.

On 24 January 1996 the court closed the examination of the case and announced that the judgment would be delivered on 7 February 1996. On 6 February 1996 the court reopened the examination of the case and decided that the defendant would be heard in Kamień Pomorski. On 19 February 1996 the court heard the defendant.

On 28 February 1996 the Szczecin Regional Court gave judgment. It ordered the defendant to retract his statements concerning the applicant in certain newspapers at his own expense.

On 8 August 1996 the applicant received a copy of the judgment. Subsequently, the defendant lodged an appeal against that judgment.

On 12 November 1996 the Poznań Court of Appeal (Sąd Apelacyjny) held a hearing and on 21 November 1996 it gave judgment. The court quashed the judgment of the Szczecin Regional Court and remitted the case for re-examination.

Despite numerous complaints by the applicant and his lawyer, the Szczecin Regional Court listed no hearing until 12 May 1999. On 12 January 1999 the applicant’s lawyer complained to the President of the Poznań Regional Court about the delay in the proceedings. In a reply of 27 January 1999, the President of the Regional Court admitted that the complaint was justified.

On 12 May 1999 the court held a hearing.

On 28 June 2000 the Szczecin Regional Court held a hearing. It heard the applicant and adjourned the examination of the case for the purpose of hearing the defendant before the Kamień Pomorski District Court. The defendant was heard on 25 August 2000.

The next hearing was listed for 29 December 2000. The court closed the examination of the case and informed the parties that the judgment would be delivered on 12 January 2001. On 26 January 2001 the court gave judgment and dismissed the applicant’s claim. On an unspecified date, in the second half of 2001, he appealed against the judgment.

It appears that the proceedings are pending.