- May 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Lengthened Content:
Very long story short, I was surprised by the Polish authorities raiding my house over 6 years ago, they arrested me for two days, interrogated me, then they released me as there’s no evidence. The ordeal didn’t end there though. The case remained open for 3 long years, with seemingly no action taken by the authorities. Despite my repeated requests for further interrogation or clarification to expedite the closure of the case, I was met with silence.
Then, out of nowhere, after 3 years of uncertainty, I found myself arrested once again. This time, I was subjected to 9 months in jail before the case was finally closed and brought to court. After enduring a grueling 1.5 years of trial, I was eventually acquitted. However, my relief was short-lived as the prosecutor decided to appeal the decision.
To my dismay, the court of appeal rejected the initial ruling and ordered a retrial, despite the lack of new evidence presented by the prosecutor. Now, I find myself waiting for a staggering 9 months with no progress on the retrial – no new appointment, no new judge, simply nothing.
The prolonged legal battle has left me questioning the sanity of the justice system. How long can a person endure such a drawn-out legal process before their spirit is crushed? Is this prolonged delay in legal proceedings a common occurrence, or is there a glimmer of hope for a resolution in sight?
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****** just grabbed a
This question has so little detail (you have no provided on what the case was about) and is completely outside Reddit’s pay grade, probably no one can help you. Consult a lawyer
I am not a lawyer at the ECtHR but I have experience with it. You provided only a few details but I can give you some more general advice. Please consult a lawyer who is familiar with Polish law and international human rights law to talk about the details of your case.
In principle, for a case to be admissible, all available remedies must have been exhausted. However, the ECtHR has also held in Story and Others v. Malta that an effective remed must operate without excessive delay. If a court case has lasted longer than 6 years, for example, it may fall under this excessive delay exception. However, your situation covers multiple remedies/jurisdictions and a pre-trial investigation. I don’t quite remember, but I believe if a remedy has lasted more than 3 years over 2 jurisdictions, it is considered ineffective.
Now, just because these remedies (first-instance + appellate court) are excessively delayed, it does not mean that you have automatically exhausted all remedies. I don’t know the Polish legal system, but if there are any avenues for you/your legal representation to speed up the process, e.g. motions for dismissal, motions for an expedited procedure, etc., as well as other legal remedies outside the current trial, you will need to exhaust them before you can go to the ECtHR.
Finally, if the long waiting time is the problem, then I hate to say it but the ECtHR will frustrate you even more. There are 4 categories in which a case registered with the Court can fall. If it is not one of the more important categories, and I’m assuming yours won’t be, then it may take 6.5 more years until you get a decision. That is, if the case isn’t ruled inadmissible. Because even if the Court decides that you have exhausted all other remedies, it may still rule your case inadmissible based on a lack of merit, for example. Quick cases take about 2 years, in my experience.
But if after knowing all this, you still want to go for it, do it. Get yourself a Polish human rights lawyer who is familiar with the Court, there are a lot of them. Talk to them, see if it is the right choice.
As far as I know you **have** to exhaust all domestic remedies to go to the ECHR. Your lawyer may use the European Convention of Human Rights to support arguments as the articles are all legally binding upon the State.
I study EU/INT Law, but my advice may not be correct. Check with your lawyer.
You should proceed with a complaint to the Ombudsman due to the alleged violation of your human rights by the governmental bodies. Then, escalate the claim to the European Ombudsman if there is no resolution.
Then, you will have exhausted the applicable remedial options. Since the government is the offending body, you will simply not be able to progress further, and you will require an ECtHR ruling.
Not a lawyer.
Edit:
“In Raninen v. Finland, *12 the applicant objected to military and ‘substitute’ civil service and was arrested several times. He complained only to the Ombudsman, who found that arrest lacked legal basis but that it did not call for ordering criminal proceedings against the military official involved. The ECtHR took note of the Ombudsman’s response to the complaint and the fact that statutory actions for damages would not have been successful and rejected the government’s objection of non-exhaustion, stating that existing remedies did not provide reasonable prospects of success and were not effective and adequate.”
Source: https://www.juridicainternational.eu/article_full.php?uri=2020_29_the_ombudsman_in_the_eyes_of_the_european_court_of_human_rights_
This is going to be so detail orientated that you’re better of looking for a lawyer that specializes in these kinds of cases.
I am very sorry for your plight. I have no legal advice but encourage you to fight against injustice when you know you are in the right. Corruption and inefficiencies within law enforcement and legal processes are not to be tolerated in a civil society. I speak from experience from my own battle within Italy. May righteousness be you guiding guardian throughout your ordeal. Justice delayed is Justice denied.
Go get a good lawyer.
Without details we have nothing to go on. I do know that in most countries Covid has had a big impact on all judicial procedures and that everything has been delayed. I also know that you have to exhaust every domestic option before you can go to ECHR.
Answering this question will take some in-depth research by someone specialized in that particular area.
I’m assuming you’re represented but I’m wondering how effective it is. I’d definitely ask for a second opinion from someone other than your current lawyer.