PROCEDURE

The case originated in an application (no. 31330/02) 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 Antoni Gołek (“the applicant”), on 3 August 2002.

The applicant, who had been granted legal aid, was represented by Mr W. Hermeliński, a lawyer practising in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, of the Ministry of Foreign Affairs.

On 4 May 2004 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of the applicant’s pre-trial detention to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1972 and lives in Bielsko-Biała, Poland.

On 15 March 2000 the applicant was arrested by the police on suspicion of having committed homicide. On 16 March 2000 the Żywiec District Court (Sąd Rejonowy) ordered that he be detained on remand in view of the reasonable suspicion that he had committed the offence in question, the serious nature of that offence, the severity of the anticipated penalty and the need to secure the proper conduct of the investigation, in particular the process of obtaining evidence.

During the investigation the applicant’s detention was extended on several occasions. He filed numerous but unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions prolonging his detention. The applicant made repeated applications for release on personal grounds, submitting that he had to secure the care and well‑being of his 3 year old son. He also contested the reasonableness of the charge against him, maintaining that it was solely based on evidence from his common-law wife who was his alleged accomplice.

On 7 June 2000 the Bielsko-Biała Regional Court (Sąd Okręgowy) prolonged his detention until 15 September 2000. On 8 September 2000 it ordered that he be kept in custody until 15 December 2000. On 6 December 2000 it extended that period until 15 March 2001. The court reiterated the grounds originally given for the applicant’s detention. It also considered that the need to take further evidence from experts justified the continuation of that measure.

On 1 March 2001 the applicant, together with his common-law wife, was indicted on charges of homicide, attempted homicide, assault occasioning actual bodily harm, uttering threats, theft, burglary, fraud and illegally possessing explosives and dangerous substances before the Bielsko-Biała Regional Court. In all, 24 charges were brought against the applicant. The prosecution asked the court to hear evidence from 95 witnesses.

The Regional Court continually prolonged the applicant’s detention pending trial. On 7 March 2001 it extended his detention until 30 June 2001.

On 7 June 2001 the trial court dismissed the applicant’s request of 5 June 2001 to sever his case and assign it to a separate set of proceedings. It adjourned the hearing due to the absence of the co-defendant’s counsel.

Subsequently, the applicant’s detention was prolonged on 25 June and 26 November 2001. The court held that the grounds originally given for his detention were still valid. It stressed the strong likelihood that the applicant had committed the offences in question.

In the meantime, on 6 July 2001, the applicant had unsuccessfully challenged the composition of the court.

On 18 July 2001 he requested the trial court to appoint him a new legal aid counsel.

On 1 and 23 August 2001 respectively he requested the trial court to assign his case to a separate set of proceedings. Subsequently, at the hearing held on 6 September 2001 the applicant withdrew his motion.

The hearings scheduled for 19 September and 8 October 2001 had to be adjourned due to the co-defendant’s absence. Two other hearings were adjourned due to the absence of the judge rapporteur.

The trial court held further hearings: on 6 November 2001, 5 and 22 February 2002. In the meantime, the hearings listed for 15 November and 12 December 2001 were cancelled due to the illness of the judge.

Subsequently, as the length of the applicant’s detention reached the statutory time-limit of 2 years laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego), the Regional Court made 4 applications to the Katowice Court of Appeal (Sąd Apelacyjny), asking for the applicant’s detention to be prolonged beyond that term. The Court of Appeal granted those applications on 13 March 2002 (extending the applicant’s detention until 5 October 2002), on 2 October 2002 (extending his detention until 5 March 2003), on 26 February 2003 (prolonging that term until 31 May 2003) and on 21 May 2003 (ordering his continued detention until 31 August 2003). In all those decisions the Court of Appeal considered that the original grounds given for the applicant’s detention were still valid.

The applicant’s numerous applications for release and his appeals against the detention decisions were to no avail.

Between March and September 2002, the trial court listed 10 hearings. The applicant and his lawyer were present at all the hearings. During this period the applicant on several occasions refused to participate in the trial, on two occasions he challenged the composition of the court. He also requested the court to appoint him a new legal aid counsel and applied for his case to be assigned to a separate set of proceedings. All his motions were dismissed. In the meantime, the hearing scheduled for 17 May 2002 had been cancelled. The hearings listed for 12 and 13 June 2002 had likewise been cancelled due to the illness of the judge.

Further hearings were held on 2, 15 and 30 October, 14 and 28 November 2002. On 12 December 2002 the applicant refused to participate in the hearing due to his illness. The trial court proceeded with taking evidence and ordered that an expert opinion on the applicant’s health be obtained.

Subsequently, hearings were held on the following dates: 16 January, 12 and 27 February 2003. On 12 February 2003 the trial court acknowledged the delay in the proceedings and stated that it was caused by the particular complexity of the case and other obstacles which could not have been removed by the relevant authorities.

The hearing scheduled for 13 March 2003 had to be adjourned due to the applicant’s absence. Further hearings were held on: 8 and 17 April, 6, 7 and 28 May, 3 and 10 June 2003. The applicant and his counsel were present at the hearings. As of April 2003 the court had heard evidence from 85 witnesses.

On 12 June 2003 the Regional Court convicted the applicant as charged and sentenced him to life imprisonment.

On 24 June 2004 the Katowice Court of Appeal upheld the first‑instance judgment.

On 12 October 2004 the applicant lodged a cassation appeal.
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CODE
DIRECT
31330/02
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correct
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ORG
QUASI
Republic of Poland
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DEM
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Polish
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PERSON
DIRECT
Mr Antoni Gołek
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DATETIME
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3 August 2002
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PERSON
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Mr W. Hermeliński
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Warsaw
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ORG
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Polish Government
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PERSON
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Mr J. Wołąsiewicz
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DATETIME
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4 May 2004
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DATETIME
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1972
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LOC
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Bielsko-Biała, Poland
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DATETIME
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15 March 2000
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16 March 2000
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ORG
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Żywiec District Court
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correct
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ORG
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001-75150_a2_em15
Sąd Rejonowy
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DEM
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3 year old
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DEM
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common-law wife
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DATETIME
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7 June 2000
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ORG
NO_MASK
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Bielsko-Biała Regional Court
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correct
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ORG
NO_MASK
Sąd Okręgowy
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001-75150_a2_e19
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DATETIME
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15 September 2000
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8 September 2000
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15 December 2000
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6 December 2000
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15 March 2001
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1 March 2001
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DEM
NO_MASK
common-law wife
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ORG
NO_MASK
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Bielsko-Biała Regional Court
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001-75150_a2_e25
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QUANTITY
QUASI
24 charges
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QUANTITY
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95 witnesses
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ORG
NO_MASK
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Regional Court
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DATETIME
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7 March 2001
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30 June 2001
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7 June 2001
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5 June 2001
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25 June
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26 November 2001
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6 July 2001
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18 July 2001
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1 and 23 August 2001
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6 September 2001
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19 September
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8 October 2001
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6 November 2001
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5 and 22 February 2002
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15 November and 12 December 2001
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2 years
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MISC
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Article 263 § 3 of the Code of Criminal Procedure
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MISC
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Kodeks postępowania karnego
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Regional Court
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QUANTITY
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4 applications
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001-75150_a2_em64
Katowice Court of Appeal
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001-75150_a2_em53
Sąd Apelacyjny
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Court of Appeal
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13 March 2002
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5 October 2002
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2 October 2002
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5 March 2003
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26 February 2003
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31 May 2003
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21 May 2003
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31 August 2003
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Court of Appeal
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DATETIME
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Between March and September 2002
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QUANTITY
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10 hearings
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QUANTITY
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two occasions
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17 May 2002
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12 and 13 June 2002
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2, 15 and 30 October
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14 and 28 November 2002
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12 December 2002
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16 January
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12 and 27 February 2003
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12 February 2003
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13 March 2003
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8 and 17 April
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6, 7 and 28 May
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3 and 10 June 2003
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April 2003
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85 witnesses
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12 June 2003
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Regional Court
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24 June 2004
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Katowice Court of Appeal
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12 October 2004
Antoni Gołek
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Antoni Gołek