PROCEDURE

The case originated in an application (no. 40909/08) 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 Krzysztof Kulik (“the applicant”), on 6 August 2008.

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

On 2 April 2009 the President of the Fourth Section 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).

On 16 June 2009 the Government submitted a unilateral declaration and invited the Court to strike out the application, in accordance with Article 37 of the Convention.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1960 and lives in Nowogród Bobrzański.

A. Main proceedings

On 4 February 2002 criminal proceedings were instituted against the applicant.

On 2 January 2007 the applicant was indicted before the Jelenia Góra Regional Court. He was charged with several counts of robbery. The bill of indictment comprised 14 accused.

On 9 March 2007 the Jelenia Góra Regional Court found that it had no competence to deal with the case and referred it to the Zielona Góra Regional Court.

On 22 June 2007 the case was remitted to the Zielona Góra Regional Prosecutor in connection with another investigation conducted against one of the applicant’s co-accused.

The first hearing was set down for 23 January 2008; however, on 22 January 2008, it was adjourned as the applicant’s co-accused’s counsel had not been properly summoned.

The hearing, scheduled for 28 February 2008 was adjourned as a motion for the judge to step down was to be considered.

A subsequent hearing, listed for 15 April 2008, was cancelled because it was not possible for the police to bring the applicant’s co-accused from prison.

The hearing, scheduled for 20 May 2008, was adjourned as priority had been given to another case.

The hearing, scheduled for 21 May 2008, was adjourned as another motion for the judge to step down was to be considered.

As of August 2009 the proceedings were still pending.

B. Proceedings under the 2004 Act

On 16 June 2008 the applicant filed with the Poznań Court of Appeal a complaint about a breach of the right to a trial within a reasonable time in respect of the criminal proceedings instituted against him and asked for just satisfaction. He relied on 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”), which entered into force on 17 September 2004.

The applicant stressed that he had been detained while awaiting his trial and sought a ruling that the length of the proceedings before the Zielona Góra Regional Court had been excessive and an award of just satisfaction in the amount of 10,000 Polish zlotys (PLN) (the equivalent of approx. 2,500 euros (EUR)).

On 19 June 2008 the Poznań Court of Appeal gave a decision in which it acknowledged the excessive length of the proceedings before the Zielona Góra Regional Court, finding that there had been a period of unjustified inactivity from 26 March 2007 until 5 December 2007. However, the court did not grant any just satisfaction to the applicant, pointing out that the decision whether to grant compensation in such proceedings was facultative.