PROCEDURE

The case originated in an application (no. 10273/02) 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 Jacek Marchowski (“the applicant”), on 26 February 2001.

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

The applicant alleged, in particular, that his detention on remand had exceeded a “reasonable time” within the meaning of Article 5 § 3 of the Convention and that he could not participate in the proceedings relating to the lawfulness of his detention contrary to Article 5 § 4.

On 30 May 2006 the Court declared the application partly inadmissible and decided to communicate the complaints under Article 5 §§ 3 and 4 and Article 3 of the Convention to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1965 and lives in Kraków, Poland.

A. Criminal proceedings against the applicant

On 15 January 1997 the applicant was arrested on suspicion of homicide.

On 16 January 1997 the applicant was brought before the Kraków District Court (Sąd Rejonowy). The court remanded him in custody on charges of assault occasioning death. The court held that there was a reasonable suspicion that the applicant had committed the offences with which he had been charged. In addition, the detention was necessary to ensure the proper course of the proceedings. The court also referred to the likelihood that a severe sentence could be imposed on the applicant.

During the investigation the applicant’s detention was extended twice. The last of the relevant decisions was given on 9 July 1997 by the Kraków Court of Appeal (Sąd Apelacyjny) and extended the applicant’s detention until 31 August 1997. The courts considered that the grounds originally given for his detention were still valid.

Between January and August 1997 the applicant made several applications for release. In particular, he asked to be released on bail. All those applications were dismissed, both at first instance and on appeal. The applicant stressed that in view of the witness testimonies his detention lacked any reasonable basis. In addition, his son had just started school and it was necessary for him to have regular contact with his father.

Neither the applicant nor his lawyer participated in any of the sessions in connection with his applications for release.

On 28 August 1997 the Krakow Regional Prosecutor lodged a bill of indictment with the Kraków Regional Court (Sąd Wojewódzki). The applicant was indicted on charges of participation in a fight resulting in homicide and using false documents. The bill of indictment included four other persons. The prosecutor stated that evidence from sixty-one witnesses needed to be obtained.

At a session held on 18 November 1997 the Kraków Regional Court extended the applicant’s detention until 30 April 1998. The court relied on the gravity of the charges against the applicant. It further stressed that the charges concerned five persons. In addition, extradition proceedings were pending against one of the accused. The court still needed to obtain evidence from sixty-one witnesses including three anonymous witnesses. Neither the applicant nor his lawyer was present at this session. An appeal by the applicant against this decision was dismissed on 18 December 1997 by the Kraków Court of Appeal. The court referred to the gravity of the charges against the applicant and the need to secure the proper conduct of the proceedings. In addition, the applicant’s arguments that he needed to take care of his family had been groundless since before his arrest he had not lived with them.

The trial began on 23 March 1998. Between 23 March 1998 and 13 July 1998 the Krakow Regional Court held thirteen hearings.

At hearings held on 14 April 1998 and 25 June 1998 the Kraków Regional Court extended the applicant’s detention until 30 June and 13 July 1998 respectively.

On 13 July 1998 the Kraków Regional Court gave judgment and sentenced the applicant to seven years’ imprisonment. It also extended the applicant’s detention until 31 December 1998. It pointed out that in view of the behaviour of the applicant and the other co-accused it had been necessary to secure the proper conduct of the proceedings.

On 1 October 1998 the applicant appealed against this judgment.

On 28 December 1998 the Kraków Court of Appeal gave a decision and extended the applicant’s detention until 15 February 1999.

On 14 January 1999 the Kraków Court of Appeal quashed the first‑instance judgment and remitted the case.

On 10 February 1999 the Krakow Regional Court again extended the applicant’s detention, this time until 30 June 1999. On 28 June 1999 the Kraków Regional Court extended the detention of the applicant and three other co-defendants until 30 September 1999. The court held that given the evidence collected so far by the courts there was a high degree of likelihood that the applicant had committed the offence with which he had been charged. In addition, there was a high risk of his absconding or going into hiding.

On 9 September 1999 the Kraków Regional Court gave a decision and remitted the case to the prosecution authorities in order to complete the investigation. The prosecutor appealed. On 13 October 1999 the Court of Appeal quashed the first-instance decision and ordered the Regional Court to proceed with the case.

Meanwhile, on 22 September 1999 the Kraków Regional Court again extended the detention of the applicant and the other co-defendants, this time until 30 December 1999. The court referred to the reasons given previously and held that they were still valid. In particular, there were good grounds for believing that if released the defendants might commit another serious crime. The applicant appealed, submitting that as the case had been transferred to the prosecution authorities, it would indicate that there was no “high probability that he had committed the crime with which he had been charged” since the prosecution needed to collect more evidence. On 13 October 1999 the Kraków Court of Appeal upheld the first-instance decision.

On 22 December 1999 the Kraków Regional Court gave a decision and extended the detention of the applicant and four other co-defendants until 29 February 2000. The court held that the grounds for keeping them in detention were still valid. In particular, there was a need to hear evidence from additional witnesses. At a hearing held on 25 February 2000 the court extended the applicant’s detention until 30 April 2000. The court repeated the reasons given previously. On 25 April 2000 the Regional Court again extended the applicant’s detention until 30 June 2000. On 17 May 2000 the Kraków Court of Appeal dismissed the applicant’s appeal against this decision. The court stressed that there was a likelihood that the charges against the applicant and his co-defendants would be proved and that the interests of the proper administration of justice justified the continuation of the detention. The applicant’s lawyer was present at this session.

On 30 May 2000 the Kraków Regional Court gave judgment and sentenced the applicant to five years’ imprisonment. It also extended the applicant’s detention. On 1 June 2000 the applicant lodged an appeal against the decision to extend his detention. On 21 June 2000 the Court of Appeal dismissed his appeal. The applicant’s lawyer was present at the session.

On 10 October 2000 the Kraków Regional Court extended the applicant’s detention until 10 January 2000. On 15 November 2000 the Court of Appeal dismissed the applicant’s interlocutory appeal and upheld the decision to extend his detention. The applicant’s lawyer was present at both court sessions. At a session held on 4 January 2001 the Kraków Court of Appeal extended the applicant’s detention and dismissed his application for release. The applicant’s lawyer was present at this session. At yet another session, held on 8 February 2001, the Court of Appeal dismissed the applicant’s request for release. The applicant’s lawyer was present at that session.

On 1 March 2001 the Kraków Court of Appeal gave judgment and acquitted the applicant. The court also ordered that the applicant be released from detention.

On 11 May 2001 the prosecutor lodged a cassation appeal against this judgment.

On 10 December 2001 the Supreme Court quashed the first– and second‑instance judgments and remitted the case to the Kraków Regional Court.

On 29 June 2005 the Kraków Regional Court gave judgment and sentenced the applicant to four years’ imprisonment.

On 1 July 2005 the applicant asked to be served with a copy of the judgment together with the reasoning. It was served on him on 14 October 2005. The Regional Court informed the applicant that the delay in serving the judgment was caused by the complexity of the case and the number of defendants involved.

The applicant appealed against the judgment of 29 June 2005.

At a hearing held on 25 January 2006 the Court of Appeal gave judgment. It quashed the Regional Court’s judgment and remitted the case.

It would appear that the proceedings are pending before the Kraków Regional Court.

B. The alleged solitary confinement

The applicant claimed in his initial submissions that during the whole period of his detention on remand he had been held in solitary confinement.

According to the information provided by the Government, the applicant was placed in three different detention centres throughout the period of his detention: the Wadowice Prison, the Krakow Detention Centre and the Wołow Prison.

On 27 November 1997 the applicant, who had been classified as a difficult detainee, was placed separately in a cell for two prisoners until July 1998.

On 19 October 1998 the Nowy Sącz Prison penitentiary commission decided to include the applicant in the category of “dangerous” detainees, the so called “Ds”. The commission considered that the applicant had been aspiring to a role of an informal leader of prison subculture thus posing a potential risk of a riot in prison. The applicant lodged an interlocutory appeal against this decision. On 24 November 1998 the Wroclaw Regional Court upheld this decision.

On 21 October 1998 the applicant was transferred to the Wołów Prison, where he was placed alone in a cell with an area of 4.64 square metres, designated for dangerous inmates. The applicant had the right to an hour’s exercise every day. He was able to have visits from his family and his lawyer.

The applicant was subsequently transferred to the Kraków Detention Centre on 1 February 1999. He was placed in a separate cell with an area of 6.29 square metres. He could not participate in collective sport or cultural activities. However, he could have exercise under the supervision of two guards. Books were provided in his cell, where he could also listen to the prison radio. He received visits from his common law wife, his son, his sister and other members of the family.

On 25 March 1999 the Kraków Regional Court again upheld the decision of the penitentiary commission. The applicant’s lawyer lodged an interlocutory appeal. On 23 April 1999 the Regional Court dismissed the appeal.

On 19 April 1999 and 19 July 1999 the penitentiary commission gave decisions confirming the applicant’s status as a dangerous detainee. He did not appeal against these decisions.

On 30 August 1999 the penitentiary commission decided not to extend the applicant’s classification as a dangerous detainee. It is not clear whether the conditions of the applicant’s detention changed following this decision.

On 15 June 2000 the applicant was transferred to the Nowy Sącz Prison, where he was placed in a cell for three prisoners and was not subjected to pre-trial detention in conditions of solitary confinement.
NOT_CONFIDENTIAL
check
001-87434_a3_e1
001-87434_a3_em1
CODE
DIRECT
10273/02
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correct
001-87434_a3_e2
001-87434_a3_em2
ORG
NO_MASK
Republic of Poland
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check
001-87434_a3_e3
001-87434_a3_em3
DEM
NO_MASK
Polish
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001-87434_a3_e4
001-87434_a3_em4
PERSON
DIRECT
Mr Jacek Marchowski
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001-87434_a3_e5
001-87434_a3_em5
DATETIME
QUASI
26 February 2001
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001-87434_a3_em6
PERSON
QUASI
Mr A. Patela
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001-87434_a3_em7
LOC
QUASI
Kraków
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insert
001-87434_a3_e8
001-87434_a3_em8
ORG
NO_MASK
Polish Government
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check
001-87434_a3_e9
001-87434_a3_em9
PERSON
QUASI
Mr J. Wołąsiewicz
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insert
001-87434_a3_e10
001-87434_a3_em10
ORG
QUASI
Ministry of Foreign Affairs
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check
001-87434_a3_e11
001-87434_a3_em11
DATETIME
QUASI
30 May 2006
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001-87434_a3_e12
001-87434_a3_em12
DATETIME
QUASI
1965
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001-87434_a3_em13
LOC
QUASI
Kraków, Poland
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001-87434_a3_e14
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DATETIME
QUASI
15 January 1997
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DATETIME
QUASI
16 January 1997
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insert
001-87434_a3_e16
001-87434_a3_em16
ORG
QUASI
Kraków District Court (Sąd Rejonowy)
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check
001-87434_a3_e17
001-87434_a3_em17
DATETIME
QUASI
9 July 1997
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insert
001-87434_a3_e18
001-87434_a3_em18
ORG
QUASI
Kraków Court of Appeal (Sąd Apelacyjny)
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check
001-87434_a3_e19
001-87434_a3_em19
DATETIME
QUASI
31 August 1997
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insert
001-87434_a3_e20
001-87434_a3_em20
DATETIME
QUASI
January
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insert
001-87434_a3_e21
001-87434_a3_em21
DATETIME
QUASI
August 1997
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insert
001-87434_a3_e22
001-87434_a3_em22
DEM
QUASI
son
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insert
001-87434_a3_e23
001-87434_a3_em23
MISC
QUASI
school
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001-87434_a3_e24
001-87434_a3_em24
DATETIME
QUASI
28 August 1997
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check
001-87434_a3_e25
001-87434_a3_em25
ORG
QUASI
Krakow Regional Prosecutor
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insert
001-87434_a3_e26
001-87434_a3_em26
ORG
QUASI
Kraków Regional Court (Sąd Wojewódzki)
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insert
001-87434_a3_e27
001-87434_a3_em27
QUANTITY
QUASI
sixty-one witnesses
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check
001-87434_a3_e28
001-87434_a3_em28
DATETIME
QUASI
18 November 1997
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insert
001-87434_a3_e29
001-87434_a3_em29
ORG
QUASI
Kraków Regional Court
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check
001-87434_a3_e30
001-87434_a3_em30
DATETIME
QUASI
30 April 1998
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insert
001-87434_a3_e31
001-87434_a3_em31
QUANTITY
QUASI
five persons
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check
001-87434_a3_e27
001-87434_a3_em32
QUANTITY
QUASI
sixty-one witnesses
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insert
001-87434_a3_e32
001-87434_a3_em33
QUANTITY
QUASI
three anonymous witnesses
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check
001-87434_a3_e33
001-87434_a3_em34
DATETIME
QUASI
18 December 1997
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insert
001-87434_a3_e34
001-87434_a3_em35
ORG
QUASI
Kraków Court of Appeal
NOT_CONFIDENTIAL
insert
001-87434_a3_e35
001-87434_a3_em36
MISC
QUASI
take care of his family
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check
001-87434_a3_e36
001-87434_a3_em37
DATETIME
QUASI
23 March 1998
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insert
001-87434_a3_e36
001-87434_a3_em38
DATETIME
QUASI
23 March 1998
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001-87434_a3_e37
001-87434_a3_em39
DATETIME
QUASI
13 July 1998
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001-87434_a3_e38
001-87434_a3_em40
ORG
QUASI
Krakow Regional Court
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insert
001-87434_a3_e39
001-87434_a3_em41
QUANTITY
QUASI
thirteen hearings
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001-87434_a3_e40
001-87434_a3_em42
DATETIME
QUASI
14 April 1998
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001-87434_a3_e41
001-87434_a3_em43
DATETIME
QUASI
25 June 1998
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001-87434_a3_e29
001-87434_a3_em44
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e42
001-87434_a3_em45
DATETIME
QUASI
30 June
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001-87434_a3_e37
001-87434_a3_em46
DATETIME
QUASI
13 July 1998
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001-87434_a3_e37
001-87434_a3_em47
DATETIME
QUASI
13 July 1998
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001-87434_a3_e29
001-87434_a3_em48
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e43
001-87434_a3_em49
DATETIME
QUASI
seven years’
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001-87434_a3_e44
001-87434_a3_em50
DATETIME
QUASI
31 December 1998
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001-87434_a3_e45
001-87434_a3_em51
DATETIME
QUASI
1 October 1998
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001-87434_a3_e46
001-87434_a3_em52
DATETIME
QUASI
28 December 1998
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001-87434_a3_e34
001-87434_a3_em53
ORG
QUASI
Kraków Court of Appeal
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check
001-87434_a3_e47
001-87434_a3_em54
DATETIME
QUASI
15 February 1999
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001-87434_a3_e48
001-87434_a3_em55
DATETIME
QUASI
14 January 1999
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001-87434_a3_e34
001-87434_a3_em56
ORG
QUASI
Kraków Court of Appeal
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001-87434_a3_e49
001-87434_a3_em57
DATETIME
QUASI
10 February 1999
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001-87434_a3_e38
001-87434_a3_em58
ORG
QUASI
Krakow Regional Court
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001-87434_a3_e50
001-87434_a3_em59
DATETIME
QUASI
30 June 1999
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001-87434_a3_em60
DATETIME
QUASI
28 June 1999
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001-87434_a3_e29
001-87434_a3_em61
ORG
QUASI
Kraków Regional Court
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insert
001-87434_a3_e52
001-87434_a3_em62
QUANTITY
QUASI
three other co-defendants
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001-87434_a3_e53
001-87434_a3_em63
DATETIME
QUASI
30 September 1999
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insert
001-87434_a3_e54
001-87434_a3_em64
DATETIME
QUASI
9 September 1999
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check
001-87434_a3_e29
001-87434_a3_em65
ORG
QUASI
Kraków Regional Court
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check
001-87434_a3_e55
001-87434_a3_em66
DATETIME
QUASI
13 October 1999
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check
001-87434_a3_e56
001-87434_a3_em67
ORG
NO_MASK
Court of Appeal
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check
001-87434_a3_e57
001-87434_a3_em68
ORG
NO_MASK
Regional Court
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001-87434_a3_e58
001-87434_a3_em69
DATETIME
QUASI
22 September 1999
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001-87434_a3_e29
001-87434_a3_em70
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e59
001-87434_a3_em71
DATETIME
QUASI
30 December 1999
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001-87434_a3_e55
001-87434_a3_em72
DATETIME
QUASI
13 October 1999
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001-87434_a3_e34
001-87434_a3_em73
ORG
QUASI
Kraków Court of Appeal
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001-87434_a3_e60
001-87434_a3_em74
DATETIME
QUASI
22 December 1999
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001-87434_a3_e29
001-87434_a3_em75
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e61
001-87434_a3_em76
DATETIME
QUASI
29 February 2000
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001-87434_a3_em77
DATETIME
QUASI
25 February 2000
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001-87434_a3_em78
DATETIME
QUASI
30 April 2000
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001-87434_a3_em79
DATETIME
QUASI
25 April 2000
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001-87434_a3_e57
001-87434_a3_em80
ORG
NO_MASK
Regional Court
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001-87434_a3_e65
001-87434_a3_em81
DATETIME
QUASI
30 June 2000
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001-87434_a3_e66
001-87434_a3_em82
DATETIME
QUASI
17 May 2000
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001-87434_a3_e34
001-87434_a3_em83
ORG
QUASI
Kraków Court of Appeal
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001-87434_a3_e67
001-87434_a3_em84
DATETIME
QUASI
30 May 2000
NOT_CONFIDENTIAL
check
001-87434_a3_e29
001-87434_a3_em85
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e68
001-87434_a3_em86
DATETIME
QUASI
five years
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001-87434_a3_em87
DATETIME
QUASI
1 June 2000
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001-87434_a3_e70
001-87434_a3_em88
DATETIME
QUASI
21 June 2000
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001-87434_a3_em89
ORG
NO_MASK
Court of Appeal
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001-87434_a3_e71
001-87434_a3_em90
DATETIME
QUASI
10 October 2000
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001-87434_a3_e29
001-87434_a3_em91
ORG
QUASI
Kraków Regional Court
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001-87434_a3_em92
DATETIME
QUASI
10 January 2000
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001-87434_a3_em93
DATETIME
QUASI
15 November 2000
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001-87434_a3_em94
ORG
NO_MASK
Court of Appeal
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001-87434_a3_e74
001-87434_a3_em95
DATETIME
QUASI
4 January 2001
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001-87434_a3_e34
001-87434_a3_em96
ORG
QUASI
Kraków Court of Appeal
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001-87434_a3_e75
001-87434_a3_em97
DATETIME
QUASI
8 February 2001
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001-87434_a3_em98
ORG
NO_MASK
Court of Appeal
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001-87434_a3_e76
001-87434_a3_em99
DATETIME
QUASI
1 March 2001
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001-87434_a3_e34
001-87434_a3_em100
ORG
QUASI
Kraków Court of Appeal
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001-87434_a3_e77
001-87434_a3_em101
DATETIME
QUASI
11 May 2001
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001-87434_a3_e78
001-87434_a3_em102
DATETIME
QUASI
10 December 2001
NOT_CONFIDENTIAL
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001-87434_a3_e79
001-87434_a3_em103
ORG
NO_MASK
Supreme Court
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001-87434_a3_e29
001-87434_a3_em104
ORG
QUASI
Kraków Regional Court
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check
001-87434_a3_e80
001-87434_a3_em105
DATETIME
QUASI
29 June 2005
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001-87434_a3_e29
001-87434_a3_em106
ORG
QUASI
Kraków Regional Court
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001-87434_a3_e81
001-87434_a3_em107
DATETIME
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four years
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001-87434_a3_em108
DATETIME
QUASI
1 July 2005
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001-87434_a3_e83
001-87434_a3_em109
DATETIME
QUASI
14 October 2005
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001-87434_a3_e57
001-87434_a3_em110
ORG
NO_MASK
Regional Court
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001-87434_a3_e80
001-87434_a3_em111
DATETIME
QUASI
29 June 2005
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001-87434_a3_e84
001-87434_a3_em112
DATETIME
QUASI
25 January 2006
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insert
001-87434_a3_e56
001-87434_a3_em113
ORG
NO_MASK
Court of Appeal
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check
001-87434_a3_e85
001-87434_a3_em114
ORG
NO_MASK
Regional Court’s
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check
001-87434_a3_e29
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ORG
QUASI
Kraków Regional Court
NOT_CONFIDENTIAL
correct
001-87434_a3_e86
001-87434_a3_em116
ORG
QUASI
Wadowice Prison
NOT_CONFIDENTIAL
correct
001-87434_a3_e87
001-87434_a3_em117
ORG
QUASI
Krakow Detention Centre
NOT_CONFIDENTIAL
correct
001-87434_a3_e88
001-87434_a3_em118
ORG
QUASI
Wołow Prison
NOT_CONFIDENTIAL
check
001-87434_a3_e89
001-87434_a3_em119
DATETIME
QUASI
27 November 1997
NOT_CONFIDENTIAL
check
001-87434_a3_e90
001-87434_a3_em120
DATETIME
QUASI
July 1998
NOT_CONFIDENTIAL
check
001-87434_a3_e91
001-87434_a3_em121
DATETIME
QUASI
19 October 1998
NOT_CONFIDENTIAL
insert
001-87434_a3_e92
001-87434_a3_em122
ORG
QUASI
Nowy Sącz Prison
NOT_CONFIDENTIAL
insert
001-87434_a3_e93
001-87434_a3_em123
MISC
QUASI
001-87434_a3_em124
“dangerous” detainees
NOT_CONFIDENTIAL
insert
001-87434_a3_e93
001-87434_a3_em124
MISC
QUASI
Ds
NOT_CONFIDENTIAL
check
001-87434_a3_e94
001-87434_a3_em125
DATETIME
QUASI
24 November 1998
NOT_CONFIDENTIAL
check
001-87434_a3_e95
001-87434_a3_em126
ORG
QUASI
Wroclaw Regional Court
NOT_CONFIDENTIAL
check
001-87434_a3_e96
001-87434_a3_em127
DATETIME
QUASI
21 October 1998
NOT_CONFIDENTIAL
correct
001-87434_a3_e97
001-87434_a3_em128
ORG
QUASI
Wołów Prison
NOT_CONFIDENTIAL
check
001-87434_a3_e98
001-87434_a3_em129
QUANTITY
QUASI
4.64 square metres
NOT_CONFIDENTIAL
check
001-87434_a3_e99
001-87434_a3_em130
ORG
QUASI
Kraków Detention Centre
NOT_CONFIDENTIAL
check
001-87434_a3_e100
001-87434_a3_em131
DATETIME
QUASI
1 February 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e101
001-87434_a3_em132
QUANTITY
QUASI
6.29 square metres
NOT_CONFIDENTIAL
check
001-87434_a3_e22
001-87434_a3_em133
DEM
QUASI
son
NOT_CONFIDENTIAL
check
001-87434_a3_e102
001-87434_a3_em134
DATETIME
QUASI
25 March 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e29
001-87434_a3_em135
ORG
QUASI
Kraków Regional Court
NOT_CONFIDENTIAL
check
001-87434_a3_e103
001-87434_a3_em136
DATETIME
QUASI
23 April 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e57
001-87434_a3_em137
ORG
NO_MASK
Regional Court
NOT_CONFIDENTIAL
check
001-87434_a3_e104
001-87434_a3_em138
DATETIME
QUASI
19 April 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e105
001-87434_a3_em139
DATETIME
QUASI
19 July 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e106
001-87434_a3_em140
DATETIME
QUASI
30 August 1999
NOT_CONFIDENTIAL
check
001-87434_a3_e107
001-87434_a3_em141
DATETIME
QUASI
15 June 2000
NOT_CONFIDENTIAL
correct
001-87434_a3_e92
001-87434_a3_em142
ORG
QUASI
Nowy Sącz Prison
Jacek Marchowski
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Jacek Marchowski