PROCEDURE

The case originated in an application (no. 77759/01) 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, Mrs Zofia Porembska (“the applicant”), on 20 November 2000.

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

On 19 November 2002 the Fourth Section decided to communicate the complaint concerning the length of the proceedings to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1924 and lives in Warsaw, Poland.

On 12 July 1995 the applicant’s brother initiated court proceedings before the Warsaw District Court (Sąd Rejonowy w Warszawie) in order to obtain a decision declaring heirs to his late mother’s estate. The applicant’s brother applied to establish heirs on the basis of a will allegedly prepared by his mother.

On 13 February 1996 the applicant challenged the will.

The hearing scheduled for 4 April 1996 was adjourned upon the request filed by the applicant’s lawyer.

Subsequently, hearings were held on 16 May and 5 September 1996 at which the court allowed the parties’ applications to hear witnesses.

The hearings scheduled for 19 November, 16 December 1996 and 23 February 1997 were adjourned because the applicant’s brother was ill.

On 18 June 1997 the court stayed the proceedings since the applicant’s brother had died.

On 13 November 1997 the applicant requested the court to resume the proceedings because the proceedings concerning her brother’s inheritance had ended and in consequence the reason for staying the proceedings had ceased to exist.

On 10 January 1998 the court resumed the proceedings. Ms M.P.P., the daughter of the applicant’s late brother and his heir, joined the proceedings.

On 23 April and 10 July 1998 the court held hearings. The trial court heard a witness requested by Ms M.P.P.

The hearing scheduled for 5 November 1998 was adjourned.

Subsequently, the court held hearings on 21 January and 19 April 1999. Ms M.P.P. applied to the court to prepare an expert opinion and the applicant’s lawyer asked the court not to schedule any hearings until September 1999.

The next hearing was held on 16 September 1999.

The hearings scheduled for 4 November 1999 and 20 January 2000 were adjourned due to the illness of the applicant’s lawyer and Ms M.P.P.

On 6 April, 21 September and 21 December 2000 the court held hearings. Both parties requested preparation of an expert opinion.

On 5 April 2001 the court held a hearing at which it heard the parties. The court requested a hospital to provide documents concerning the health of the applicant’s late mother.

On 26 April 2001 the court received the requested documents.

On 18 June 2001 the court, sitting in camera, ordered preparation of an expert opinion. The opinion was submitted to the court on 12 February 2002.

On 23 April 2002 the applicant’s counsel informed the court that he had ceased to represent her and would be absent at the next hearing scheduled for 26 April 2002. The court appointed another lawyer for the applicant, however, the latter refused to accept the appointment.

On 4 September 2002 the court ordered the Bar Association to designate a lawyer to represent the applicant.

Between 6 April 2001 and 25 April 2002 no hearings were held.

The hearings scheduled for 26 April and 5 September 2002 were adjourned because the applicant’s new lawyer failed to appear.

On 20 November 2002 the applicant’s lawyer informed the court that she would be absent at the next hearing scheduled for 21 November 2002.

At the hearing held on 21 November 2002 the court decided to inform the Bar Association about the continued absence of the lawyer at the hearings.

Subsequently, the Warsaw District Court scheduled a hearing for 24 April 2003.

The proceedings are pending before the Warsaw District Court.