CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 juin 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 15 July 2025   FIRST SECTION Application no. 28238/23 Ziemowit CYMERMAN against Poland lodged on 30 June 2023 communicated on 23 June 2025 SUBJECT MATTER OF THE CASE The application concerns an allegedly ineffective investigation into excessive use of force by the police during the applicant’s arrest. On 26 July 2008 the applicant, inebriated, allegedly publicly insulted a woman with a child. The police arrived and arrested the applicant using, what appeared to be, excessive force. According to a medical report the applicant sustained hematomas on his face, head injury, and bruising on his arms and legs. On 27 October 2008 the Tczewo District Police Chief issued disciplinary punishments against the two police officers who had carried out the arrest; the decision was later quashed. The criminal investigation into the police intervention, initiated on 1   August 2008 upon the applicant’s request, ended with the two police officers being convicted on 29   September 2014 by the first-instance court. Upon appeal, the Gdańsk Regional Court quashed the judgment and remitted the case. On 26 October 2020 the first-instance court acquitted the police officers. The applicant’s appeal was dismissed by the Gdańsk Regional Court. As a result of the applicant’s cassation appeal, on 24 March 2022, the Supreme Court quashed the second-instance judgment pointing to inconsistencies and wrong assumptions made by the court. The Gdańsk Regional Court, after reconsideration of the case, upheld the first-instance judgment. The applicant’s cassation appeal was dismissed by the Supreme Court on 22   February 2023 (served on 1 March 2023). The applicant complains about a violation of the procedural limb of Article   3 of the Convention in that the investigation into police brutality lasted fifteen years and thus lacked promptness and effectiveness. QUESTION TO THE PARTIES Having regard to the procedural protection from inhuman or degrading treatment, was the investigation in the present case by the domestic authorities in breach of Article   3 of the Convention (see Labita v.   Italy [GC], no.   26772/95, § 131, ECHR 2000-IV, and Bouyid v. Belgium [GC], no.   23380/09, §§ 114-23, ECHR 2015)?