The applicant complained of the excessive length of his pre-trial detention.<\/p>\n
European Court of Human Rights This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Mero\u0144 v. Poland,<\/strong><\/p>\n The European Court of Human Rights (First Section), sitting as a Committee composed of: Having deliberated in private on 14\u00a0December\u00a02023,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application against Poland lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 20 August 2021.<\/p>\n 2. The Polish Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 4. The applicant complained of the excessive length of his pre-trial detention.<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE 5\u00a0\u00a7\u00a03 OF THE CONVENTION<\/strong><\/p>\n 5. The applicant complained that his pre-trial detention had been unreasonably long. He relied on Article\u00a05\u00a0\u00a7\u00a03 of the Convention.<\/p>\n 6. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article\u00a05 \u00a7\u00a03 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kud\u0142a v.\u00a0Poland [GC], no.\u00a030210\/96, \u00a7 110, ECHR 2000\u2011XI, and McKay v. the United Kingdom [GC], no. 543\/03, \u00a7\u00a7 41-44, ECHR 2006\u2011X, with further references).<\/p>\n 7. In the leading cases of Kauczor v. Poland, no. 45219\/06, 3\u00a0February\u00a02009, and Celejewski v. Poland, no. 17584\/04, 4 May 2006, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n 8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicant\u2019s pre-trial detention was excessive.<\/p>\n 9. These complaints are therefore admissible and disclose a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention.<\/p>\n II. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 10. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Kauczor, cited above), the Court considers it reasonable to award the sum indicated in the appended table.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the application admissible;<\/p>\n 2. Holds that this application discloses a breach of Article\u00a05\u00a0\u00a7\u00a03 of the Convention concerning the excessive length of pre-trial detention;<\/p>\n 3. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.<\/p>\n Done in English, and notified in writing on 18 January 2024, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0L\u0259tif H\u00fcseynov ___________<\/p>\n APPENDIX<\/strong>
\nFIRST SECTION
\nCASE OF MERO\u0143 v. POLAND<\/strong>
\n(Application no. 42770\/21)
\nJUDGMENT
\nSTRASBOURG
\n18 January 2024<\/p>\n
\nL\u0259tif H\u00fcseynov, President,
\nKrzysztof Wojtyczek,
\nIvana Jeli\u0107, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nApplication raising complaints under Article 5 \u00a7 3 of the Convention
\n(excessive length of pre-trial detention)<\/p>\n