Judgment (Merits and Just Satisfaction) of European Court of Human Rights, November 03, 2011 (case CASE OF ZEBROWSKI v. POLAND)
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Judgment (Merits and Just Satisfaction) of European Court of Human Rights, November 03, 2011 (case CASE OF ZEBROWSKI v. POLAND)
FOURTH SECTIONCASE OF ŻEBROWSKI v. POLAND(Application no. 34736/06)JUDGMENTSTRASBOURG3 November 2011This 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 Żebrowski v. Poland, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of: Ljiljana Mijović, President, Lech Garlicki, Päivi Hirvelä, George Nicolaou, Ledi Bianku, Zdravka Kalaydjieva, Vincent A. De Gaetano, judges,and Fatoş Aracı, Deputy Section Registrar, Having deliberated in private on 11 October 2011, Delivers the following judgment, which was adopted on that date:PROCEDURE 1. The case originated in an application (no. 34736/06) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Polish national, Mr Kazimierz Żebrowski ("the applicant"), on 11 August 2006. 2. The Polish Government ("the Government") were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs. 3. The applicant alleged that he had been deprived of access to a court competent to examine the merits of his compensation claim and of access to the Supreme Court. 4. On 18 October 2010 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).THE FACTSI. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1928 and lives in Szczytno. 6. On 15 December 1946 the applicant's parents' house and farm were destroyed and burned down by the Security Office (Urząd Bezpieczeństwa) in the framework of a campaign against anti-communist resistance to which the applicant, his father and his brother belonged. Subsequently, his father and brother were convicted and prison sentences were imposed on them. 7. In 1993 the applicant's brother requested that the decisions given in his criminal case be declared null and void on the strength of the Law of 23 February 1991 on annulment of convictions of persons persecuted for activities aimed at achieving independence for Poland (Ustawa o uznaniu za nieważne orzeczeń wydanych wobec osób represjonowanych za działalność na rzecz niepodległego bytu Państwa Polski...See the full content of this document
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