Case of European Court of Human Rights, May 24, 2005 (case CASE OF J.S. AND A.S. v. POLAND)

Appeal Nbr: 40732/98

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Case of European Court of Human Rights, May 24, 2005 (case CASE OF J.S. AND A.S. v. POLAND)

FOURTH SECTION

CASE OF J.S. AND A.S. v. POLAND

(Application no. 40732/98)

JUDGMENT

STRASBOURG

24 May 2005

FINAL

12/10/2005

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of J.S. and A.S. v. Poland,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Sir Nicolas Bratza, President,

Mr J. Casadevall,

Mr G. Bonello,

Mr R. Maruste,

Mr S. Pavlovschi,

Mr L. Garlicki,

Mr J. Borrego Borrego, judges,

and Mr M. O'Boyle, Section Registrar,

Having deliberated in private on 3 May 2005,

Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (no. 40732/98) against the Republic of Poland lodged with the European Commission of Human Rights ('the Commission') under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms ('the Convention') by Polish applicants, Mr J.S. and Ms A.S. The President of the Chamber acceded to the applicant's request not to have their names disclosed (Rule 47 § 3 of the Rules of Court).

2. The Polish Government ('the Government') were represented by their Agents, Mr Krzysztof Drzewicki and, subsequently, by Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs

3. The applicants alleged that their right to a fair hearing within a reasonable time had been breached.

4. The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the C...

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