PROCEDURE

The case originated in an application (no. 8260/04) 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 Aleksander Ochlik (“the applicant”), on 17 February 2004.

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

The applicant alleged in particular that his pre-trial detention had exceeded a “reasonable time” within the meaning of Article 5 § 3 of the Convention.

On 8 January 2007 the President of the Fourth Section decided to give notice of the application to the Government. It was decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3 of the Convention).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1970 and lives in Wrocław.

On 19 July 2001 the applicant was arrested by the police on suspicion of having committed several burglaries and robberies together with several accomplices.

On 20 July 2001 the Jawor District Court (Sąd Rejonowy) decided to place the applicant in pre-trial detention on the basis of a reasonable suspicion that he had committed the offences. The court also considered that, given the likely severity of the penalty, it was probable that the applicant would interfere with the course of proceedings and he might go into hiding. Moreover, the court considered that there was a risk that the applicant would bring pressure to bear on witnesses or his accomplices.

On 4 October and 20 December 2001 the Wrocław Regional Court (Sąd Okręgowy) extended the applicant’s detention, finding that the original reasons for it were still valid. The court referred also to the risk of his absconding, considering that the applicant rarely stayed at his official place of residence and “had been avoiding contact with the police officers, who were looking for him”.

On 18 June 2002 the Wrocław Court of Appeal (Sąd Apelacyjny), upon an application from the Wrocław Regional Prosecutor (Prokurator Okręgowy), further extended the applicant’s pre‑trial detention.

Subsequently, the applicant and ten co-accused were indicted before the Wrocław Regional Court (Sąd Okręgowy).

On 19 September 2002 the Wroclaw Regional Court extended the applicant’s pre-trial detention. In a very brief reasoning the court stated that there was a reasonable suspicion against the applicant and that, given the likely heavy sentence and the fact that the applicant had acted in a criminal group, only his detention could secure the proper course of the proceedings.

Subsequently, as the length of the applicant’s detention had reached the statutory time-limit of two years laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego), the Regional Court applied to the Wrocław Court of Appeal for the applicant’s detention to be extended beyond that term.

On 10 June, 18 September and 16 December 2003 the Wrocław Court of Appeal extended the applicant’s detention and that of his three co‑accused. The court relied on the existence of a reasonable suspicion that the applicant had committed the offences with which he had been charged. Moreover, the court referred to the nature of the offences and the risk that, given the likely severity of the penalty, the applicant would obstruct the proceedings or go into hiding. Lastly, the Court of Appeal examined the course of the proceedings before the trial court and found that their length had not been excessive, bearing in mind the number of accused involved and complexity of the case. It also stated that despite the fact that hearings had been held several times per week, over 130 witnesses still had to be heard.

On 25 February and 18 June 2004 the Wroclaw Court of Appeal further extended the applicant’s detention in two decisions. Both decisions repeated the same grounds for the applicant’s detention: the reasonable suspicion against him, the severity of the likely sentence and the need to secure the proper conduct of the proceedings. The Court of Appeal stressed that it expected the trial court to finish the proceedings soon, in particular given the length of time the accused had spent in detention so far. In the second of the above-mentioned decisions the court established that, although the applicant’s detention had been long, it was justified by the particular circumstances of the case, in particular its complexity.

The applicant’s numerous requests for release during his pre‑trial detention were to no avail.

On 13 August 2004 the Wroclaw Regional Court convicted the applicant and sentenced him to seven years’ imprisonment. The applicant appealed against the judgment.

On 11 May 2005 the Wroclaw Court of Appeal dismissed the applicant’s appeal. The court upheld the judgment in respect of nine accused and quashed it as regards two others.

B. The monitoring of the applicant’s correspondence

On 16 February 2004 the applicant sent his first letter to the Court indicating his intention to lodge an application. The top right corner of the letter bears a red stamp “censored” (cenzurowano). The envelope in which the letter was delivered bears signs of opening after having been sealed: its left side has been cut open and then resealed with sellotape. The envelope also bears the stamp of the Wrocław Detention Centre and a handwritten note: W[rocła]‑W R[egional] C[ourt].

On 10 January 2005 the applicant sent a letter to the Court. The envelope in which the letter was delivered bears a stamp “Wroclaw Detention Centre 11 January 2005” and a blue stamp “Censored” (ocenzurowano).
NOT_CONFIDENTIAL
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001-87968_a4_e1
001-87968_a4_em1
CODE
DIRECT
8260/04
NOT_CONFIDENTIAL
correct
001-87968_a4_e2
001-87968_a4_em2
ORG
NO_MASK
Republic of Poland
ETHNIC
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001-87968_a4_e3
001-87968_a4_em3
DEM
NO_MASK
Polish national
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001-87968_a4_em4
PERSON
DIRECT
Mr Aleksander Ochlik
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001-87968_a4_em5
DATETIME
QUASI
17 February 2004
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001-87968_a4_em6
ORG
NO_MASK
Polish Government
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PERSON
NO_MASK
Mr J. Wołąsiewicz
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001-87968_a4_em8
ORG
NO_MASK
Ministry of Foreign Affairs
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DATETIME
QUASI
8 January 2007
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001-87968_a4_e10
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DATETIME
QUASI
1970
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LOC
QUASI
Wrocław
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001-87968_a4_e12
001-87968_a4_em12
DATETIME
QUASI
19 July 2001
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DATETIME
QUASI
20 July 2001
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001-87968_a4_em14
ORG
QUASI
Jawor District Court (Sąd Rejonowy)
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001-87968_a4_e15
001-87968_a4_em15
DATETIME
QUASI
4 October and 20 December 2001
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ORG
NO_MASK
Wrocław Regional Court (Sąd Okręgowy)
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DATETIME
QUASI
18 June 2002
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ORG
NO_MASK
Wrocław Court of Appeal (Sąd Apelacyjny)
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ORG
NO_MASK
Wrocław Regional Prosecutor (Prokurator Okręgowy)
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ORG
NO_MASK
Wrocław Regional Court (Sąd Okręgowy)
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001-87968_a4_em21
DATETIME
QUASI
19 September 2002
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ORG
NO_MASK
Wroclaw Regional Court
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DATETIME
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two years
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MISC
NO_MASK
Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego)
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ORG
NO_MASK
Regional Court
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ORG
NO_MASK
Wrocław Court of Appeal
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DATETIME
QUASI
10 June, 18 September and 16 December 2003
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ORG
QUASI
Wrocław Court of Appeal
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001-87968_a4_em29
ORG
NO_MASK
Court of Appeal
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QUANTITY
NO_MASK
130
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001-87968_a4_em31
DATETIME
QUASI
25 February and 18 June 2004
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ORG
NO_MASK
Wroclaw Court of Appeal
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001-87968_a4_em33
ORG
NO_MASK
Court of Appeal
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001-87968_a4_e31
001-87968_a4_em34
DATETIME
QUASI
13 August 2004
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001-87968_a4_e21
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ORG
NO_MASK
Wroclaw Regional Court
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001-87968_a4_em36
DATETIME
NO_MASK
seven years’
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DATETIME
QUASI
11 May 2005
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ORG
NO_MASK
Wroclaw Court of Appeal
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DATETIME
QUASI
16 February 2004
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ORG
QUASI
Wrocław Detention Centre
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001-87968_a4_em41
ORG
QUASI
W[rocła]‑W R[egional] C[ourt]
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001-87968_a4_em42
DATETIME
QUASI
10 January 2005
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ORG
QUASI
Wroclaw Detention Centre
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DATETIME
QUASI
11 January 2005
Aleksander Ochlik
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Aleksander Ochlik