KAZIMIERCZAK v. POLAND

• ECLI: ECLI:CE:ECHR:1999:0531REP003386396
• Respondent State: Polonia
• Date: 27 October 1998
• Application Number: 33863/96
• Court: Commission (European Commission of Human Rights)
• Counsel: N/A
• Applied Rules: 5;5-3

EUROPEAN COMMISSION OF HUMAN RIGHTS

Application No. 33863/96

Janusz Kazimierczak

against

Poland

REPORT OF THE COMMISSION

(adopted on 31 May 1999)

TABLE OF CONTENTS

Page

I.INTRODUCTION

(paras. 1-16) ................................................. 1

A.The application

(paras. 2-4) .............................................. 1

B.The proceedings

(paras. 5-11) ............................................. 1

C.The present Report

(paras. 12-16) ............................................ 2

II.ESTABLISHMENT OF THE FACTS

(paras. 17-35) ................................................ 3

A.The particular circumstances of the case

(paras. 17-31) ............................................ 3

B.Relevant domestic law

(paras. 32-35) ............................................ 5

III.OPINION OF THE COMMISSION

(paras. 36-57) ................................................ 7

A.Complaint declared admissible

(para. 36) ................................................ 7

B.Point at issue

(para. 37) ................................................ 7

C.As regards Article 5 para. 3 of the Convention

(paras. 38-56) ............................................ 7

CONCLUSION

(para. 57) ............................................... 10

APPENDIX I:PARTIAL DECISION OF THE COMMISSION AS TO THE

ADMISSIBILITY OF THE APPLICATION ...................11

APPENDIX II:FINAL DECISION OF THE COMMISSION AS TO THE

ADMISSIBILITY OF THE APPLICATION ......................16

I.INTRODUCTION

1. The following is an outline of the case as submitted to the European Commission of Human Rights, and of the procedure before the Commission.

A.The application

2. The applicant is a Polish citizen, born in 1950 and resident in Mława, Poland.

3. The application is directed against Poland. The respondent Government were represented by their Agent, Mr Krzysztof Drzewicki of the Ministry of Foreign Affairs.

4. The case concerns the length of the applicant’s detention on remand. The applicant invokes Article 5 para. 3 of the Convention.

B.The proceedings

5. The application was introduced on 30 April 1996 and registered on 18 November 1996.

6. On 2 July 1997 the Commission (Second Chamber) decided, pursuant to Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the application to the respondent Government and to invite the parties to submit written observations on the admissibility and merits of the applicant's complaint under Article 5 para. 3 of the Convention. It declared the remainder of the application inadmissible.

7. The Government submitted their observations on 8 September and 3 November 1997. The applicant replied on 6 and 7 October and 8 December 1997. On 9 December 1997 the Commission granted the applicant legal aid for the representation of his case.

8. On 27 October 1998 the Commission declared the application admissible.

9. The text of the Commission's decision on admissibility was sent to the parties on 30 October 1998 and they were invited to submit such further information or observations on the merits as they wished. The parties did not avail themselves of this possibility.

10. After declaring the case admissible, the Commission, acting in accordance with former Article 28 para. 1 (b) of the Convention[1], also placed itself at the disposal of the parties with a view to securing a friendly settlement. In the light of the parties' reaction, the Commission now finds that there is no basis on which such a settlement can be effected.

11. Pursuant to the entry into force of Protocol No. 11 to the Convention the application was transferred to the Commission sitting in plenary.

C.The present Report

12. The present Report has been drawn up by the Commission in pursuance of former Article 31 of the Convention and after deliberations and votes, the following members being present:

MMS. TRECHSEL, President

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

MrsG.H. THUNE

MF. MARTINEZ

MrsJ. LIDDY

MMJ.-C. GEUS

B. MARXER

M.A. NOWICKI

I. BÉKÉS

D. ŠVÁBY

A. PERENIĆ

K. HERNDL

E. BIELIŪNAS

E.A. ALKEMA

M. VILA AMIGÓ

MrsM. HION

MMR. NICOLINI

A. ARABADJIEV

13. The text of this Report was adopted on 31 May 1999 by the Commission and is now transmitted to the Committee of Ministers of the Council of Europe, in accordance with former Article 31 para. 2 of the Convention.

14. The purpose of the Report, pursuant to former Article 31 of the Convention, is:

(i)to establish the facts, and

(ii)to state an opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention.

15. The Commission's decisions on the admissibility of the application are annexed hereto as Appendices I and II.

16. The full text of the parties' submissions, together with the documents lodged as exhibits, are held in the archives of the Commission.

II.ESTABLISHMENT OF THE FACTS

A.The particular circumstances of the case

17. On 24 July 1995 the applicant, who at the same time was being searched for by a wanted notice issued in other criminal proceedings against him, was arrested by the police on suspicion of having battered J.U. with a piece of concrete, plucked out one of his eyeballs and thrust two pieces of wood into his throat, which resulted in the latter's death. Subsequently, he was brought before the Otwock District Prosecutor (Prokurator Rejonowy), charged with homicide committed with an accomplice and detained on remand since, in the light of the confession of his co-suspect...