PROCEDURE

The case originated in an application (no. 44537/05) 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 Kazimierz Klimkiewicz (“the applicant”), on 14 October 2005.

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

On 25 September 2007 the President of the Fourth Section of the Court decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

The Government failed to submit their observations on the admissibility and merits of the case.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1930 and lives in Łόdź.

A. Civil proceedings for payment

On 30 June 1997 the Łódź District Court (Sąd Rejonowy) instituted criminal proceedings against an individual charged with financial fraud. The applicant, who was considered to be a victim, was entitled to lodge in the context of the criminal case a claim for damages sustained as a result of the crime.

On 30 July 1997 the Łódź Regional Prosecutor (Prokurator Okręgowy) filed a civil claim for damages against the defendant on the applicant’s behalf. On 29 August 1997 the District Court admitted the claim.

A hearing scheduled for 25 January 2001 was adjourned because of the absence of the defendant, who had submitted a medical certificate indicating that he had health problems. On 13 February 2001 the defendant submitted another medical certificate stating that he had been admitted to a hospital. On 3 April 2001 the court held a hearing in the absence of the defendant. On 25 April 2001 the defendant submitted another medical certificate.

On 30 April 2001 the District Court ordered that the defendant be examined by a forensic specialist. On 23 July 2001 a medical report was submitted to the court. It stated that the defendant’s health prevented him from participating in the forthcoming hearings as he was to undergo surgery.

On 8 October 2001 the District Court stayed the proceedings and ordered the defendant to provide information on his medical treatment. The defendant failed to do so.

On 26 September 2002 the District Court issued an arrest warrant as the police had informed the court that the defendant had left his place of permanent residence. On 18 January 2003 the defendant was apprehended by the police and detained until 16 January 2004.

On 5 February 2003 the District Court again stayed the proceedings and ordered that the defendant be examined by a specialist. On 25 April 2003 a medical report was submitted to the court. It stated that the defendant’s health did not prevent him from participating in the proceedings.

On 25 September 2003 the court resumed the proceedings. On 28 October 2005 the court held a hearing.

The proceedings are currently pending.

B. Proceedings under the 2004 Act

On 14 October 2004 the applicant lodged a complaint with the Łódź Regional Court under section 5 of the Act of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (“the 2004 Act”).

On 3 December 2004 the Łódź Regional Court dismissed the applicant’s complaint. The court considered that the proceedings had lasted a long time but found no “unreasonable delays” considering that the conduct of the defendant had significantly contributed to the length of the proceedings. That period of delay could not be attributed to the judicial authorities as it had been caused by the fact that the defendant had repeatedly failed to comply with the court’s orders.