{"id":2508,"date":"2019-04-28T14:20:51","date_gmt":"2019-04-28T14:20:51","guid":{"rendered":"https:\/\/laweuro.com\/?p=2508"},"modified":"2019-04-28T17:14:56","modified_gmt":"2019-04-28T17:14:56","slug":"case-of-adamkowski-v-poland","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=2508","title":{"rendered":"CASE OF ADAMKOWSKI v. POLAND (European Court of Human Rights)"},"content":{"rendered":"

FIRST SECTION
\nCASE OF ADAMKOWSKI v. POLAND
\n(Application no. 57814\/12)<\/em><\/p>\n

JUDGMENT
\nSTRASBOURG
\n28 March 2019<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of Adamkowski v. Poland,<\/strong><\/p>\n

The European Court of Human Rights (First Section), sitting as a Committee composed of:<\/p>\n

Ksenija Turkovi\u0107, President,
\nKrzysztof Wojtyczek,
\nArmen Harutyunyan, judges,
\nand Renata Degener, Deputy Section Registrar,<\/p>\n

Having deliberated in private on 5\u00a0March\u00a02019,<\/p>\n

Delivers the following judgment, which was adopted on that date:<\/p>\n

PROCEDURE<\/strong><\/p>\n

1.\u00a0\u00a0The case originated in an application (no. 57814\/12) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Polish national, Mr. J. Adamkowski (\u201cthe applicant\u201d), on 31 August 2012.<\/p>\n

2.\u00a0\u00a0The Polish Government (\u201cthe Government\u201d) were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.<\/p>\n

3.\u00a0\u00a0The applicant alleged that he was detained in overcrowded cells, which violated his rights under Article 3 of the Convention. He also complained that the rejection of his appeal forfailure to send an identical copy thereof constituted excessive formalism and violated his right of access to a court under Article 6 \u00a7 1 of the Convention.<\/p>\n

4.\u00a0\u00a0On 22 September 2014 the application was communicated to the Government.<\/p>\n

5.\u00a0\u00a0The Government objected to the examination of the application by a Committee. Having considered the Government\u2019s objection, the Court rejects it.<\/p>\n

THE FACTS<\/strong><\/p>\n

I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n

6.\u00a0\u00a0The applicant was born in 1983 and is detained in Rzeku\u0144.<\/p>\n

A.\u00a0\u00a0The period of the applicant\u2019s detention<\/strong><\/p>\n

7.\u00a0\u00a0The applicant was detained in P\u0142ock Prison from 26 March to 29\u00a0August 2009 (five months and four days).<\/p>\n

B.\u00a0\u00a0The conditions of the applicant\u2019s detention<\/strong><\/p>\n

8.\u00a0\u00a0The applicantsubmitted that during his detention in P\u0142ock Prison he had been held in overcrowded cells.<\/p>\n

9.\u00a0\u00a0According to documents from the domestic proceedings which were provided, and the Government\u2019s submissions, the applicant was detained in overcrowded cells nos. 400 and 402 between 26 March and 29\u00a0August 2009. The ventilation and the sanitary conditions in these cells were inadequate. The applicant had one shower per week and one hour\u2019s outdoor exercise per day.<\/p>\n

C.\u00a0\u00a0Civil proceedings against P\u0142ock Prison<\/strong><\/p>\n

10.\u00a0\u00a0On 17 January 2011 the applicant brought an action for infringement of his personal rights on account of inadequate conditions in P\u0142ock Prison. He claimed 10,000 Polish zlotys (PLN) in compensation (approximatelyEUR 2,500). He applied to be exempted from court fees. On 18\u00a0February 2011 the court allowed this application. The applicant did not apply for legalaid at this stage of the proceedings.<\/p>\n

11.\u00a0\u00a0Between 21 January and 31 March 2011 the applicant submitted several requests for evidence and asked to attend the court\u2019s hearings. On 11\u00a0March 2011 the P\u0142ock District Court informed the applicant that he would not be transported to the hearing,and instructed him about the formal requirements in respect ofrequests for evidence, among other things that such requests should be lodged with the court in two copies.<\/p>\n

12.\u00a0\u00a0The applicant was not present at the court hearing on 23\u00a0March 2011. On 24 March 2011 the P\u0142ock District Court served the applicant with a copy of P\u0142ock Prison\u2019s response to the applicant\u2019s action(odpowied\u017a na pozew) and ordered the applicant to clarify his pleading (sprecyzowanie pow\u00f3dztwa), in particular as regards the period of his detention. The applicant was instructed to send the clarification of the pleadingto the court in two copies.<\/p>\n

13.\u00a0\u00a0On 12 April 2011 the P\u0142ock District Court rejected part of the applicant\u2019s action on the basis of res judicata, and asked the applicant to inform the court if he wished tomaintain the remainder thereof. The court informed the applicant that the requested information should be sent in two copies.<\/p>\n

14.\u00a0\u00a0On 6 January 2011 the applicant examined the files of his case in Warsaw Mokot\u00f3w Remand Centre.<\/p>\n

15.\u00a0\u00a0On 2 February 2012 he applied for legalaid. On 14\u00a0February 2012 the P\u0142ock District Court refused the request, finding that the applicant was able to represent himself. He had access to the court\u2019s files and was heard as a witness in the proceedings (I C 31\/11).<\/p>\n

16.\u00a0\u00a0On 28 May 2012 the P\u0142ock District Court dismissed the applicant\u2019s action. It held that the cells in question had indeed been overcrowded for approximately five months, but that the applicant had failed to demonstrate that the actions of the respondent (the relevant prison authorities) had constituted unlawful conduct for which the latter were liable. Lastly, the remainder of the applicant\u2019s allegations about the material conditions in his cells were considered unsubstantiated in the light of the material gathered in the case.<\/p>\n

17.\u00a0\u00a0On 29 May 2012 the applicant was served with the judgment and information about the time and manner of the right to appeal,which read as follows:<\/p>\n

\u201cYou may request the written reasoning of the judgment within seven days of the day on which the judgment was served on you. You have the right to appeal. Any appeal should be submitted to the courtwhich issued the judgment within two weeks, calculated from thedate of service of the judgment with reasoning. Sending the appeal by post is equivalent to submitting it to the court.\u201d<\/p>\n

18.\u00a0\u00a0On 22 June 2012 the applicant lodged an appeal against the first\u2011instance judgment. On 29 June 2012 the court issued an order and instructed the applicant to submit two additional copies of his appeal. On 9\u00a0July 2012 the applicant submitted to the court a handwritten letterentitled \u201cappeal\u201d (in two copies), the content of which was similar but not identical to the original appeal.<\/p>\n

19.\u00a0\u00a0On 17 July 2012 the court rejected the applicant\u2019s appeal. The court pointed out that a copy of a pleading meant a handwritten copy of an original or a photocopy containing exactly the same submissions and arguments. It held that as the applicant had extended his arguments by relying on the Supreme Court\u2019s jurisprudence,it followed that hehad changed his original submissions,and the copies provided by him could not be regarded as copies of the original appeal.<\/p>\n

20.\u00a0\u00a0On 2 August 2012 the applicant appealed against the rejection of his earlier appeal. On 22 August 2012 the court requested from the applicant a copy of his interlocutory appeal. He did not comply. Consequently, on 13\u00a0September 2012 hisinterlocutory appeal was rejected. On 20 September 2012 the applicant submitted an interlocutory appeal against the decision of 13\u00a0September 2012, arguing as follows:<\/p>\n

\u201cI should have been informed in advance that the court would require me to provide copies of pleadings. I am a simple man without legal knowledge and myapplication for a legal-aid lawyer was dismissed by thecourt. If I hadhad a legal-aid lawyer I would have known that the court might require copies of appeals or interlocutory appeals. The court asked me to provide the copies only after I had sent the original pleading, and I do not have a computer memory to reproduce exactly the same copy of what I had written one month before. If the court had sent me the original pleading I could have copied it and sent it back. For the above reasons I ask the court to accept my appeal and interlocutory appeals.\u201d<\/p>\n

21.\u00a0\u00a0On 15 November 2012 the court instructed the applicant that in order to comply with the formal requirement of his interlocutory appeal he should submit an additional copyof it, which the applicant failed to do. On 24\u00a0January 2013 the court rejected the applicant\u2019s interlocutory appeal.<\/p>\n

II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n

A.\u00a0\u00a0Conditions of detention<\/strong><\/p>\n

22.\u00a0\u00a0A detailed description of the relevant domestic law and practice concerning general rules governing the conditions of detention in Poland, and of the domestic remedies available to detainees alleging that the conditions of their detention were inadequate, are set out in the Court\u2019s pilot judgments in the cases of Orchowski v. Poland (no. 17885\/04), and Norbert\u00a0Sikorski v.\u00a0Poland (no. 17599\/05), both adopted on 22 October 2009 (see \u00a7\u00a7\u00a075-85 and \u00a7\u00a745-88 respectively). More recent developments are described in the Court\u2019s decision in the case of \u0141atak v. Poland (no.\u00a052070\/08) adopted on 12October 2010 (see \u00a7\u00a7 25-54).<\/p>\n

B.\u00a0\u00a0Access to a court<\/strong><\/p>\n

23.\u00a0\u00a0The relevant domestic law and practice concerning access to a court and procedural requirements concerning pleadings lodged with the courts is described in the Court\u2019s judgment in the case of Parol v. Poland (no.\u00a065379\/13, \u00a7\u00a7 18-26, 18 October 2018).<\/p>\n

THE LAW<\/strong><\/p>\n

I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 6 \u00a7 1 OF THE CONVENTION<\/p>\n

24.\u00a0\u00a0The applicant complainedof a violation of his right of access to a court as provided in Article 6 \u00a7 1 of the Convention, the relevant part of which reads as follows:<\/p>\n

\u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n

A.\u00a0\u00a0Admissibility<\/strong><\/p>\n

25.\u00a0\u00a0The Government submitted that this complaint by the applicant should be found inadmissible under Article 35 \u00a7 3 of the Convention as manifestly ill-founded.<\/p>\n

26.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n

B.\u00a0\u00a0Merits<\/strong><\/p>\n

1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n

27.\u00a0\u00a0The applicant complained that the rejection of his appeal for failure to send an identical copy thereof had deprived him ofthe right of access to a court safeguarded by Article 6 \u00a7 1 of the Convention.<\/p>\n

28.\u00a0\u00a0The Government relied on well-established domestic case-law concerning Articles 128 and 368 of the Code of Civil Proceedings that showed that failure to rectify the formal shortcomings of an appeal by sending an identical copy thereof was a valid reason to reject that appeal. The Government underlined that the relevant rules governing domestic courts\u2019 practice served the purpose of proper organisation of the proceedings, including the ability of all the parties to proceedings to acquaint themselves with the casefiles thereof. The Government also relied on the Court\u2019s judgmentSiwiec v. Poland(no. 28095\/08, 3 July 2012), and argued that, having regard to the similarity of the circumstances, the case at hand should be decided in a similar way. The Government further submitted that the applicant had been informed of his obligation to submit pleadings in the correct number of copies. They referred to letters of 11 and of 23\u00a0March 2011, and argued that the applicant should have known about the requirement to submit appeals in two identical copies.<\/p>\n

2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n

(a)\u00a0\u00a0General principles<\/p>\n

29.\u00a0\u00a0The Court reiterates that that the right to a fair trial, as guaranteed by Article 6 \u00a7 1, must be construed in the light of the rule of law, which requires that litigants should have an effective judicial remedy enabling them to assert their civil rights (see B\u011ble\u0161 and Others v. the Czech Republic, no.\u00a047273\/99, \u00a7 49, ECHR 2002\u2011IX). In this way, that provision embodies the \u201cright to a court\u201d, of which the right of access, that is the right to institute proceedings before a court in civil matters, constitutes one aspect only; however, it is an aspect that makes it in fact possible to benefit from the further guarantees laid down in paragraph 1 of Article 6 (see Kreuz v.\u00a0Poland, no. 28249\/95, \u00a7 52, ECHR 2001\u2011VI).<\/p>\n

30.\u00a0\u00a0The \u201cright to a court\u201d is not absolute. It may be subject to limitations, permitted by implication because the right of access by its very nature calls for regulation by the State. In laying down such regulations the Contracting States enjoy a certain margin of appreciation. Whilst the final decision as to observance of the Convention\u2019s requirements rests with the Court, it is not part of the Court\u2019s function to substitute for the assessment of the national authorities any other assessment of what might be the best policy in this field. Nonetheless, the limitations applied must not restrict the access left to the individual in such a way or to such an extent that the very essence of the right is impaired. Furthermore, a limitation will not be compatible with Article 6 \u00a7 1 if it does not pursue a legitimate aim and if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved (see Stanev v. Bulgaria [GC], no.\u00a036760\/06, \u00a7 230, ECHR 2012).<\/p>\n

31.\u00a0\u00a0The Court further observes that the Convention is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective. This is particularly true for the guarantees enshrined in Article 6, in view of the prominent place held in a democratic society by the right to a fair trial with all the guarantees under that Article (ibid., \u00a7\u00a0231). The rules governing the formal steps to be taken and the time-limits to be complied with in lodging an appeal or an application for judicial review are aimed at ensuring proper administration of justice and compliance, in particular, with the principle of legal certainty. That being so, the rules in question, or their application, should not prevent litigants from using an available remedy (see Zvolsk\u00fd and Zvolsk\u00e1 v. the Czech Republic, no. 46129\/99, \u00a7 51, ECHR 2002\u2011IX). In applying the rules of procedure, the national courts must avoid both excessive formalism, which would affect the fairness of the procedure, and excessive flexibility, which would result in removing procedural requirements established by law (see Frida, LLC v. Ukraine, no. 24003\/07, \u00a7 33, 8 December 2016).<\/p>\n

32.\u00a0\u00a0The Court reiterates that it is primarily for the national authorities, notably the courts, to resolve problems of interpretation of domestic legislation. Its role is limited to ascertaining whether the effects of such interpretation are compatible with the Convention. This applies in particular to the interpretation by courts of procedural rules such as time-limits for filing documents or lodging appeals (see B\u011ble\u0161 and Others, cited above, \u00a7\u00a060). Additionally, there is no obligation under the Convention to make legal aid available for all disputes (\u201ccontestations\u201d) in civil proceedings. However, in discharging its obligation to provide parties to civil proceedings with legal aid, when legal aid is provided for under the domestic law, the State must display diligence so as to secure to those persons the genuine and effective enjoyment of the rights guaranteed under Article 6 (see Muscat v. Malta, no. 24197\/10, \u00a7 46, 17 July 2012).<\/p>\n

(b)\u00a0\u00a0Application of these principles to the present case<\/p>\n

33.\u00a0\u00a0The Court must examine whether the decision taken by the P\u0142ock District Court to reject the applicant\u2019s appeal infringed his right of access to a court. The question arises whether the applicant, especially in view of the fact that he had been refused legal aid, was sufficiently informed about the relevant law, and whether he could reasonably have beenexpected to fulfil the P\u0142ock District Court\u2019s order (see, mutatis mutandis,Frida, LLC, cited above, \u00a7 36, and E\u015fim v. Turkey, no. 59601\/09, \u00a7 21, 17 September 2013).<\/p>\n

34.\u00a0\u00a0The Court notes that the applicant was deprived of his liberty, and that in the civil proceedings complained of he was notrepresented by a lawyer; his request for a legal-aid lawyer wasrefused (see paragraph\u00a015 above). In these circumstances he could only rely on his own knowledge and the information provided by the domestic courts about the procedural rules governing the civil proceedings.<\/p>\n

35.\u00a0\u00a0The Court further notes that the applicant was informed on three occasions that he should sendspecific pleadings to the court in two copies. The relevant information concernedrequests for evidence (see paragraph\u00a011 above),clarification of his pleading (see paragraph 12 above), and information regarding his wish to continue the proceedings (see paragraph\u00a013 above). Each time he was informed about the obligation to send his pleadings in two copies, he complied. He was never informed generally about the obligation to send all pleadings to the court in two copies, or about the wording of Article 128 of the Code of Civil Procedure.<\/p>\n

36.\u00a0\u00a0The Court further notes that the instruction about the time and manner of lodging the appeal did not contain the information that the appeal should be lodged in two copies (see paragraph 17 above). When ordered, the applicant made an attempt to comply with the P\u0142ock District Court\u2019s order, and sent two copies of his appeal which were not identical to the original one sent three weeks earlier (see paragraph 18 above).<\/p>\n

37.\u00a0\u00a0The Court has already examined a similar case and found a violation of Article 6 on account of the limitation of the applicant\u2019s access to a court (see Parol,cited above, \u00a7\u00a7\u00a039-49). It considers that in the present case, on the one hand the applicant was not properly informed about the time and manner of lodging the appeal, and on the other, when ordered to rectify the shortcomings of his appeal, he made an attempt to comply with the order (see,mutatis mutandis, Karakutsya v. Ukraine, no. 18986\/06, \u00a7\u00a7\u00a053-54, 16\u00a0February 2017).<\/p>\n

38.\u00a0\u00a0Taking into account all the circumstances of the present case, the Court considers that the applicant\u2019s right of access to a court was disproportionately restricted.<\/p>\n

39.\u00a0\u00a0As regards the Government\u2019s arguments concerning the case of Siwiec(cited above), the Court has held that the facts of the case relied on by the Government must be distinguished from the Court\u2019s case\u2011law on access to court and excessive formalism (see Parol, cited above, \u00a7\u00a049). The Court sees no reason to hold otherwise in the present case.<\/p>\n

40.\u00a0\u00a0There has accordingly been a violation of Article 6 \u00a7 1 of the Convention.<\/p>\n

II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION<\/p>\n

41.\u00a0\u00a0The applicant complained of inadequate conditions of his detention, in particular overcrowding. He relied on Article 3 of the Convention, which reads as follows:<\/p>\n

\u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n

A.\u00a0\u00a0Admissibility<\/strong><\/p>\n

42.\u00a0\u00a0The Government submitted that this complaint by the applicant should be found inadmissible under Article 35 \u00a7 1 of the Convention for non-exhaustion of domestic remedies. In particular, the Government submitted that the applicant had failed to avail himself of an appeal in civil proceedings concerning overcrowding; thus the applicant had failed to pursue his case effectively and have recourse to an effective domestic remedy.<\/p>\n

43.\u00a0\u00a0The Court reiterates its principle that applicants must exhaust the available domestic remedies before coming to the Court, and while doing so they must comply with the applicable rules and procedures of domestic law (see G\u00e4fgen v. Germany [GC], no. 22978\/05, \u00a7 143, ECHR 2010).<\/p>\n

44.\u00a0\u00a0However,the existence of remedies must be sufficiently certain, not only in theory but also in practice. In determining whether any particular remedy meets the criteria of availability and effectiveness, regard must be had to the particular circumstances of the individual case. Where the Government claim non-exhaustion of domestic remedies, they bear the burden of proving that the applicant has not used a remedy that was both effective and available. Once the Government have discharged their burden of proving that there was an appropriate and effective remedy available to the applicant, it is for the latter to show for example that the remedy was for some reason inadequate and ineffective in the particular circumstances of the case (see Selmouni v.\u00a0France [GC], no. 25803\/94, \u00a7 76, ECHR 1999\u2011V).<\/p>\n

45.\u00a0\u00a0The Court notes that the Government\u2019s objection in the present case is closely linked to the complaint under Article 6 \u00a7 1 of the Convention examined above. The applicant used the domestic remedy regarding his conditions of detention, but the domestic authorities rejected his appeal against the judgment of the first-instance court. The Court has found a violation of Article 6 \u00a7 1 of the Convention, taking the view that the applicant\u2019s access to a court was disproportionately restricted (see paragraph 40 above).<\/p>\n

46.\u00a0\u00a0Taking into account the foregoing, the Court considers that in the present case the applicant was prevented by the domestic courts from making normal use of the remedy,and therefore dismisses the Government\u2019s objection. It further notes that this complaint is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n

B.\u00a0\u00a0Merits<\/strong><\/p>\n

47.\u00a0\u00a0The applicant maintained his complaint that he had been held in overcrowded conditions for approximately five months in P\u0142ock Prison.<\/p>\n

48.\u00a0\u00a0The Government did not comment on the merits of the case.<\/p>\n

49.\u00a0\u00a0A restatement of the general principles concerning the examination of conditions of detention under Article 3 may be found in the Court\u2019s pilot judgement against Poland (see Orchowski (cited above, \u00a7\u00a7 119-131),Norbert Sikorski(cited above, \u00a7\u00a7 126-141), andMur\u0161i\u0107 v Croatia [GC], no.\u00a07334\/13, \u00a7\u00a7 102-141 ECHR 2016).<\/p>\n

50.\u00a0\u00a0The Government did not contest that the applicant had been detained in overcrowded conditions for five months. In fact, they confirmed this in their submissions that the applicant was placed in overcrowded cells was also proved by documents he produced (see paragraph 9 above). In these circumstances the Court considers it to be established that between 26\u00a0March and 29 August 2009 the applicant was placed in cells in which the space per person was below the statutory 3 sq. m.<\/p>\n

51.\u00a0\u00a0Having regard to the circumstances of the case and their cumulative effect on the applicant, the Court considers that the distress and hardship endured by him exceeded the unavoidable level of suffering inherent in detention, and went beyond the threshold of severity under Article\u00a03. Therefore, it finds that there has been a violation ofthat provision on account of the conditions in which the applicant was detained.<\/p>\n

III.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n

52.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n

\u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n

A.\u00a0\u00a0Damage<\/strong><\/p>\n

53.\u00a0\u00a0The applicant claimed 20,000 Polish zlotys (PLN) in respect of pecuniary and non-pecuniary damage[1].<\/p>\n

54.\u00a0\u00a0The Government submitted that this claim was exorbitant and unjustified.<\/p>\n

55.\u00a0\u00a0The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects that claim. On the other hand it considers it justified to to award the applicant EUR\u00a03,500 in respect of non-pecuniary damage.<\/p>\n

B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n

56.\u00a0\u00a0The applicant also claimed PLN 1,200[2] for the costs and expenses incurred before the domestic courts. It appears that the applicant meant the costs of legal representation that he was ordered to pay to the other party by the first-instance court.<\/p>\n

57.\u00a0\u00a0The Government submitted that the applicant did not provide any evidence that he had in fact covered the costs of legal representation.<\/p>\n

58.\u00a0\u00a0Regard being had to the documents in its possession and to its case-law, the Court rejects the claim for costs and expenses.<\/p>\n

C.\u00a0\u00a0Default interest<\/strong><\/p>\n

59.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n

FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n

1.\u00a0\u00a0Declaresthe application admissible;<\/p>\n

2.\u00a0\u00a0Holdsthat there has been a violation of Article 6 \u00a7 1 of the Convention;<\/p>\n

3.\u00a0\u00a0Holdsthat there has been a violation of Article 3 of the Convention;<\/p>\n

4.\u00a0\u00a0Holds<\/p>\n

(a)\u00a0\u00a0that the respondent State is to pay the applicant, within three months,EUR 3,500 (three thousand five hundred euros) plus any tax that may be chargeable, in respect of pecuniary damage,to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n

(b)\u00a0\u00a0that 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

5.\u00a0\u00a0Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n

Done in English, and notified in writing on 28\u00a0March\u00a02019, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n

Renata Degener\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ksenija Turkovi\u0107
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

________________<\/p>\n

[1].\u00a0\u00a0approx. EUR 5,000
\n[2].\u00a0\u00a0approx. EUR 300<\/p>\n

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FIRST SECTION CASE OF ADAMKOWSKI v. POLAND (Application no. 57814\/12) JUDGMENT STRASBOURG 28 March 2019 This judgment is final but it may be subject to editorial revision. In the case of Adamkowski v. Poland, The European Court of Human Rights…<\/p>\n

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