05 August 2015

The European Court of Human Rights in Strasbourg against excessive length of the proceedings

On 7 July 2015 the European Court of Human Rights in Strasbourg in case Rutkowski et. al. against Poland (application no 72287/10, 13927/11 and 46187/11) issued the so-called pilot judgment. The Court found that in all these cases there has been a violation of the right to trial within a reasonable time and the right to an effective remedy (Art. 6, paragraph 1 and Art. 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms). The Court held that the violation of Art. 6 paragraph 1 and Art.

On 7 July 2015 the European Court of Human Rights in Strasbourg in case Rutkowski et. al. against Poland (application no 72287/10, 13927/11 and 46187/11) issued the so-called pilot judgment. The Court found that in all these cases there has been a violation of the right to trial within a reasonable time and the right to an effective remedy (Art. 6, paragraph 1 and Art. 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms). The Court held that the violation of Art. 6 paragraph 1 and Art. 13 of the Convention arose as a result of the practice, incompatible with the Convention, of an excessive length of civil and criminal proceedings in Poland, as well as due to the fact that the Polish courts fail to apply the case law of the Court concerning the assessment of reasonable length of proceedings and adequate and sufficient redress for the violation of the right to trial within a reasonable time.

At the same time, the Court informed the Polish Government that there have been filed other 591 complaints regarding similar violations that were listed in the annex to the pilot judgment, including two filed by the law firm Budzowska Fiutowski & Partners in matters relating to medical errors. In those cases, the proceedings before the Court were postponed for two years, pending the adoption by the Government the relevant efforts to grant redress for complainants.

 

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