PROCEDURE

The case originated in an application (no. 64207/01) 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 Antoni Sibilski (“the applicant”), on 9 March 2000.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz.

On 16 June 2003 the Court decided to communicate the application. 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

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1957 and lives in Jarocin.

On 20 April 1993 the applicant lodged a petition for a divorce with the Poznań Regional Court (Sąd Wojewódzki).

The Poznań Regional Court held hearings on 24 August and 7 October 1993, 13 January and 26 April 1994.

On 1 June 1994 the court ordered an expert opinion. It was submitted to the court on 29 August 1994.

Further hearings were held on 15 November 1994, 7 February 1995, 25 April 1995, 10 August 1995, 7 November 1995 and 16 May 1996.

On 5 June 1996 the applicant specified his claim and accepted that custody rights be granted to his wife.

On 13 September 1996 the court ordered fresh expert evidence. The court requested the Department of Psychology of the Poznań University to expedite the preparation of the opinion on the applicant's child's emotional development.

On 21 January 1997 the hearing was adjourned, in order to give the experts more time to prepare the opinion.

On 24 January 1997 the court requested the Psychology Department to send back the case file and to submit the opinion. The file was sent back on 21 March 1997; however, no opinion was submitted.

On 21 April 1997 the applicant complained to the Ministry of Justice about the length of the proceedings. On 3 June 1997 the Ministry of Justice examined the facts and considered that the applicant's complaint was justified.

The court held further hearings on 26 June 1997, 23 July 1997, 18 September 1997, 24 November 1997, 26 January 1998, 16 March 1998, 20 April 1998, 8 June 1998 and 13 July 1998.

On 26 August 1998 the applicant sent another letter to the Ministry of Justice complaining about the length of the proceedings. In September 1998 the case was put under the administrative supervision of the Ministry of Justice.

The Department of Psychology of the Poznań University failed to submit the relevant expert opinion. As a consequence, the court ordered a new expert opinion on 6 October 1998.

On 4 December 1998, upon the applicant's further complaint, the Ombudsman examined the case and considered the complaint justified. The Ombudsman requested the President of the Poznań Regional Court to take the necessary steps to accelerate the proceedings.

On 22 February 1999 and 8 March 1999 the court held hearings.

On 22 March 1999 the Poznań Regional Court gave judgment and dissolved the applicant's marriage. The court awarded parental rights to both parents and ordered that the child's permanent residence be with the applicant.

Both parties to the proceedings appealed. On 5 November 1999 the Poznań Court of Appeal dismissed the appeals and upheld the first-instance judgment. The judgment was served on the applicant on 7 January 2000.