KUDLA v. POLAND

• Judgment Date: 26 October 2000
• ECLI: ECLI:CE:ECHR:2000:1026JUD003021096
• Respondent State: Polonia
• Date: 26 October 2000
• Application Number: 30210/96
• Court: Grand Chamber (European Court of Human Rights)
• Counsel: N/A
• Applied Rules: 3;5;5-3;6;6-1;13;41
• Official Gazette Publication: [object Object]

CASE OF KUDŁA v. POLAND

(Application no. 30210/96)

JUDGMENT

STRASBOURG

26 October 2000

In the case of Kudła v. Poland,

The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges:

MrL. Wildhaber, President,
MrsE. Palm,
MrJ.-P. Costa,
MrA. Pastor Ridruejo,
MrG. Bonello,
MrJ. Makarczyk,
MrP. Kūris,
MrR. Türmen,
MrsF. Tulkens,
MrsV. Strážnická,
MrP. Lorenzen,
MrM. Fischbach,
MrJ. Casadevall,
MrsH.S. Greve,
MrA.B. Baka,
MrsS. Botoucharova,
MrM. Ugrekhelidze,
and also of Mr P.J. Mahoney, Deputy Registrar,

Having deliberated in private on 7 June and 18 October 2000,

Delivers the following judgment, which was adopted on the last‑
mentioned date:

PROCEDURE

1. The case was referred to the Court, in accordance with the provisions applicable prior to the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), by the European Commission of Human Rights (“the Commission”) on 30 October 1999 and by a Polish national, Mr Andrzej Kudła (“the applicant”), on 2 December 1999 (Article 5 § 4 of Protocol No. 11 and former Articles 47 and 48 of the Convention).

2. The case originated in an application (no. 30210/96) against the Republic of Poland lodged with the Commission under former Article 25 of the Convention by the applicant on 12 April 1995.

3. The applicant alleged, in particular, that he had not received adequate psychiatric treatment during his detention on remand, that his detention had been unreasonably lengthy, that his right to a “hearing within a reasonable time” had not been respected and that he had had no effective domestic remedy whereby to complain about the excessive length of the criminal proceedings against him.

4. The Commission declared the application partly admissible on 20 April 1998. In its report of 26 October 1999 (former Article 31 of the Convention) [Note by the Registry. The report is obtainable from the Registry.], it expressed the opinion that there had been a violation of Article 3 of the Convention (by fourteen votes to thirteen); that there had been a violation of Article 5 § 3 (unanimously); that there had been a violation of Article 6 § 1 (unanimously); and that it was not necessary to examine whether there had been a violation of Article 13 (by eighteen votes to nine).

5. Before the Court the applicant, who had been granted legal aid, was represented by Mr K. Tor and Mr P. Sołhaj, lawyers practising in Cracow (Poland). The Polish Government (“the Government”) were represented by their Agent, Mr K. Drzewicki, of the Ministry of Foreign Affairs.

6. On 6 December 1999 a panel of the Grand Chamber decided that the case should be considered by the Grand Chamber (Rule 100 § 1 of the Rules of Court). The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24 of the Rules of Court. The President of the Court directed that in the interests of the proper administration of justice (Rules 24, 43 § 2 and 71), the case should be assigned to the same Grand Chamber as the case of Mikulski v. Poland (application no. 27914/95).

7. The applicant and the Government each filed a memorial.

8. Subsequently the President of the Grand Chamber invited the Government to produce the applicant’s medical records kept by Cracow Remand Centre during his detention on remand after 4 October 1993. The Government supplied the relevant documents on 12 May 2000. Copies were sent to the applicant on 25 May 2000.

9. A hearing took place in public in the Human Rights Building, Strasbourg, on 7 June 2000 (Rule 59 § 2).

There appeared before the Court:

(a) for the Government
MrK. Drzewicki, Agent,
MrsM. Wąsek-Wiaderek,
MrK. Kaliński, Counsel,
MrW. Dziuban, Adviser;

(b) for the applicant
MrK. Tor,
MrP. Sołhaj, Counsel.

The Court heard addresses by Mr Sołhaj, Mr Drzewicki, Mr Kaliński Mrs Wąsek-Wiaderek and Mr Tor.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

A. The applicant’s detention and the proceedings against him

10. On 8 August 1991 the applicant was brought before the Cracow Regional Prosecutor (Prokurator Wojewódzki), charged with fraud and forgery and detained on remand. Since the applicant...