Violation of Article 6 - Right to a fair trial

    On 21 September 2004 the applicant lodged a complaint with the Warsaw Regional Court under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within

Violation of Article 6 - Right to a fair trial

At present it can be made only after the case has already been brought to trial (Article 60 § 1 of the 1974 Code, as in force after June 2003, and Article 84 § 1 of the 2005 Code).

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

    The Court observes that in the present case, in accordance with the relevant domestic law prevailing at the time of the events, no public hearing was held during the applicant's trial.

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Violation of Article 6 - Right to a fair trial

Article   390   § 3 of the former Code of Criminal Procedure unconstitutional, null and void, holding that depriving individuals of a public hearing was in violation of the right to a fair trial

    The Court notes that a major delay was caused by the repetitive remittals of the case for fresh consideration as a result of insufficient analysis by the trial court (see paragraphs 9-13

Violation of Article 6 - Right to a fair trial

    On 18 November 2004 the applicant lodged a complaint with the Supreme Administrative Court under section 18 of the Law of 17 June 2004 on complaints about a breach of the right to a trial

Violation of Article 6 - Right to a fair trial