PROCEDURE

The case originated in an application (no. 35916/08) 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 Grzegorz Korgul (“the applicant”), on 15 July 2008.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant complained, in particular, that he had been deprived of access to the Supreme Court.

On 23 July 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).

In accordance with Protocol No. 14, the application was allocated to a Committee.

The Government objected to the examination of the application by a Committee. After having considered the Government’s objection, the Court decided that the case should be examined by a Chamber.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1962 and lives in Lublin.

On 6 June 2007 the Lublin District Court convicted the applicant of several robberies and sentenced him to 3 years and 6 months’ imprisonment. By a judgment of 28 December 2007 the Lublin Regional Court upheld the first‑instance judgment.

On 4 January 2008 the applicant requested the Lublin Regional Court to grant him a legal-aid lawyer for the purpose of lodging a cassation appeal with the Supreme Court.

On 7 February 2008 a legal-aid lawyer was assigned.

By a letter of 14 March 2008 the lawyer informed the court in a one sentence-long opinion that he had not found any grounds on which to prepare a cassation appeal. This statement did not include any reasons for the refusal to lodge a cassation appeal.

By a letter of 17 March 2008 the court forwarded the lawyer’s statement to the applicant. The letter read as follows: “...The Lublin Regional Court informs you that your legal-aid lawyer, advocate Mr W.W., informed the court in writing that he had not found any grounds to prepare a cassation appeal. In consequence, the time-limit for lodging a cassation appeal by a lawyer of your own choice expires on 7 April 2008.”

The letter as well as the opinion were served on the applicant on an unspecified date.

On 27 March 2008 the Lublin Regional Court refused to assign a new legal-aid lawyer to the applicant. The court stated that because the previous legal-aid lawyer had not found any grounds on which to draw up a cassation appeal, the mere fact that the applicant disagreed with this decision could not require the verification of this opinion by successive lawyers.
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001-110379_a4_e1
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CODE
DIRECT
35916/08
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correct
001-110379_a4_e2
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ORG
NO_MASK
Republic of Poland
ETHNIC
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DEM
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Polish national
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PERSON
DIRECT
Mr Grzegorz Korgul
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DATETIME
QUASI
15 July 2008
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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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001-110379_a4_em8
ORG
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Ministry of Foreign Affairs
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ORG
NO_MASK
Supreme Court
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001-110379_a4_e10
001-110379_a4_em10
DATETIME
QUASI
23 July 2010
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001-110379_a4_e11
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DATETIME
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1962
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LOC
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Lublin
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DATETIME
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6 June 2007
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001-110379_a4_e14
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ORG
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Lublin District Court
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DATETIME
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3 years and 6 months
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DATETIME
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28 December 2007
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001-110379_a4_e17
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ORG
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Lublin Regional Court
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DATETIME
QUASI
4 January 2008
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ORG
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Lublin Regional Court
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ORG
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Supreme Court
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DATETIME
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7 February 2008
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001-110379_a4_e20
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DATETIME
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14 March 2008
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DATETIME
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17 March 2008
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001-110379_a4_e17
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ORG
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Lublin Regional Court
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PERSON
QUASI
Mr W.W.
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DATETIME
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7 April 2008
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DATETIME
QUASI
27 March 2008
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ORG
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Lublin Regional Court
Grzegorz Korgul
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Grzegorz Korgul