PROCEDURE

The case originated in an application (no. 64218/01) 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 Józef Niewiadomski (“the applicant”), on 14 June 1999.

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

On 26 August 2005 the President of the Fourth Section decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1933 and lives in Łódź, Poland.

A. The facts prior to 1 May 1993

In 1983 the Government decided to construct the Polish Mothers' Memorial Hospital (“the hospital”) in Łódź, the largest obstetric and paediatric hospital in the country. At the same time the Citizens' Council (“the Council”) of the hospital was established. It was responsible for fund-raising and oversight of the hospital's construction. The applicant served as a secretary general of the Council.

On 16 February 1991 the Łódź Regional Prosecutor charged the applicant and three other members of the Council with embezzlement of the hospital funds.

On 13 July 1992 the Regional Prosecutor lodged a bill of indictment with the Łódź Regional Court against the applicant and three other co-accused.

On 12 November 1992 the Regional Court sent the case back to the prosecution service for additional investigation. The prosecution appealed unsuccessfully against that decision. On 31 December 1992 the Regional Prosecutor discontinued the investigation in respect of certain charges.

B. The facts after 1 May 1993

On 14 December 1993 an amended bill of indictment against the applicant and two other defendants was lodged with the Łódź Regional Court. The applicant was charged with embezzlement of funds allocated to the Council.

The Regional Court held 11 hearings on the following dates: 16 and 17 May, 4 and 5 October 1994; 4 and 17 January, 14 February, 20 March and 12, 26 and 27 April 1995. It heard an unspecified number of witnesses and experts. Seven hearings were adjourned, including two on account of the judge's illness and one at the prosecutor's request. Other hearings appear to have been adjourned due to the failure of certain witnesses to appear.

On 4 May 1995 the Regional Court acquitted the applicant. The prosecution appealed against that judgment on 22 August 1995.

A hearing before the Łódź Court of Appeal scheduled for 14 February 1996 was adjourned since one of the judges could not be present. On 15 March 1996 the Court of Appeal quashed the acquittal and remitted the case.

A hearing scheduled for 10 January 1997 had to be adjourned on account of the illness of H.A. (one of the defendants). On 14 March 1997 the Regional Court stayed the proceedings on that ground. On 13 August 1997 the proceedings were resumed, after the Regional Court had obtained additional medical reports concerning H.A.

A hearing before the Regional Court scheduled for 6 October 1997 had to be adjourned due to the illness of I.C., one of the defendants. On 18 November 1997 the Regional Court made a severance order in respect of the proceedings against I.C.

The Regional Court held three hearings on the following dates: 26 March, 25 May and 4 June 1998. Four hearings had to be adjourned due to the applicant's absence. Three of those related to the fact that the applicant had had a heart attack and had to be hospitalised. One hearing was adjourned since the judge was on leave.

On 27 November 1998 the Regional Prosecutor requested the trial court to discontinue the proceedings. The applicant's lawyer supported that request.

On 30 December 1998 the Regional Court discontinued the proceedings against the applicant, pursuant to Article 17 § 1 subparagraph 2 of the new Criminal Code, which entered into force on 1 September 1998. It held that the acts with which the applicant had been charged did not constitute an offence under the new Criminal Code.

The applicant did not appeal against that decision.

The applicant also submits that throughout the trial many press articles had been published which showed him in a negative light and had had a bearing on the principle of the presumption of innocence.