PROCEDURE

The case originated in an application (no. 4317/04) 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 Andrzej Kaźmierczak (“the applicant”), on 22 December 2003.

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

On 18 October 2005 the Court decided to give notice of the application 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 1955 and lives in Wrocław.

On 18 April 2002 the Opole District Court (Sąd Rejonowy) ordered that the applicant be remanded in custody in view of the reasonable suspicion that he had committed several offences of fraud and that he had organised and led a criminal group.

On 15 July 2002 the court extended the applicant’s detention until 17 September 2002. It relied on the reasonable suspicion that the applicant had committed the offences with which he had been charged and on the risk that he might tamper with evidence.

On 13 September 2002 the court extended the applicant’s detention until 17 November 2002. It repeated the grounds previously given for his detention and found that his remaining in custody was necessary to complete the expert psychiatric examination as to the state of the applicant’s mental health.

The applicant’s detention was subsequently extended on 14 November 2002. The court attached importance to the serious nature of the offences with which he had been charged and the likelihood of a heavy sentence being imposed on him.

On 11 December 2002, the applicant was indicted on several charges of fraud while acting in an organised criminal group. Subsequently, in March 2003, the case file was transferred to the Wrocław-Śródmieście District Court for reasons of procedural economy.

On 23 April 2003 the Wrocław-Śródmieście District Court extended the applicant’s detention for a three-month period, until 23 July 2003. It considered that the severity of the anticipated sentence and the need to secure the proper course of the trial justified the continuation of that measure.

On 22 July 2003 the Wrocław-Śródmieście District Court extended the applicant’s detention until 23 October 2003. It also observed that the applicant’s continued detention was necessary in order to secure the proper conduct of the proceedings, given the gravity of the anticipated sentence. In addition, it referred to the complex nature of the case.

On 13 October 2003 the Wrocław-Śródmieście District Court extended the applicant’s detention until 23 January 2004. The court referred to a strong likelihood that he had committed the serious offences with which he had been charged and stressed that a heavy penalty might be imposed on him. It also observed that no other measures would prevent the applicant from obstructing the proceedings or going into hiding.

That decision was upheld by the Wrocław Regional Court (Sąd Okręgowy) on 7 November 2003. The Regional Court stated in the relevant part of the reasons for its decision that: “The appeals are not well-founded. (...) The District Court correctly pointed out that the fear that the accused would tamper with evidence arises also from the fact – as proved by the collected evidence - that he organised and led the group of offenders. Consequently, there is a strong probability that by using the same methods of pressure on the co-accused he may induce them to tamper with evidence.”

Between 14 November 2003 and 12 January 2004 the court held four hearings, two of which were adjourned.

On 21 January 2004 the Wrocław-Śródmieście District Court extended the applicant’s detention until 23 March 2004.

In the course of the investigation and the court proceedings the applicant made numerous unsuccessful applications for release on bail or under police supervision and appealed, likewise unsuccessfully, against decisions extending his detention.

On 18 February 2004 the Wrocław-Śródmieście District Court dismissed the applicant’s application for release, holding that the grounds originally given for his detention were still valid. The Court also expressed an opinion that his detention could be lifted and replaced by another preventive measure. It fixed bail at 100,000 Polish zlotys (PLN) [approx. 25,500 euros (EUR)], to be paid before 10 March 2004.

On 22 March 2004 the Wrocław Śródmieście District Court extended the applicant’s detention until 10 April 2004. It also stated that the detention would be lifted if the applicant put up the bail.

On 25 March 2004 the applicant was released on bail. The court found that releasing the applicant on bail would be sufficient to secure the proper conduct of the proceedings, taking into account the fact that it had heard evidence from him.

Between 9 March 2004 and 20 March 2006 the court held thirty‑three hearings.

It appears that the criminal proceedings are still pending.
NOT_CONFIDENTIAL
check
001-91631_a4_e1
001-91631_a4_em1
CODE
DIRECT
4317/04
NOT_CONFIDENTIAL
check
001-91631_a4_e2
001-91631_a4_em2
ORG
NO_MASK
Republic of Poland
ETHNIC
insert
001-91631_a4_e3
001-91631_a4_em3
DEM
NO_MASK
Polish national
NOT_CONFIDENTIAL
check
001-91631_a4_e4
001-91631_a4_em4
PERSON
DIRECT
Mr Andrzej Kaźmierczak
NOT_CONFIDENTIAL
check
001-91631_a4_e5
001-91631_a4_em5
DATETIME
QUASI
22 December 2003
NOT_CONFIDENTIAL
insert
001-91631_a4_e6
001-91631_a4_em6
ORG
NO_MASK
Polish Government
NOT_CONFIDENTIAL
check
001-91631_a4_e7
001-91631_a4_em7
PERSON
NO_MASK
Mr J. Wołąsiewicz
NOT_CONFIDENTIAL
insert
001-91631_a4_e8
001-91631_a4_em8
ORG
NO_MASK
Ministry of Foreign Affairs
NOT_CONFIDENTIAL
check
001-91631_a4_e9
001-91631_a4_em9
DATETIME
QUASI
18 October 2005
NOT_CONFIDENTIAL
check
001-91631_a4_e10
001-91631_a4_em10
DATETIME
QUASI
1955
NOT_CONFIDENTIAL
insert
001-91631_a4_e11
001-91631_a4_em11
LOC
QUASI
Wrocław
NOT_CONFIDENTIAL
check
001-91631_a4_e12
001-91631_a4_em12
DATETIME
QUASI
18 April 2002
NOT_CONFIDENTIAL
insert
001-91631_a4_e13
001-91631_a4_em13
ORG
NO_MASK
Opole District Court (Sąd Rejonowy)
NOT_CONFIDENTIAL
check
001-91631_a4_e14
001-91631_a4_em14
DATETIME
QUASI
15 July 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e15
001-91631_a4_em15
DATETIME
QUASI
17 September 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e16
001-91631_a4_em16
DATETIME
QUASI
13 September 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e17
001-91631_a4_em17
DATETIME
QUASI
17 November 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e18
001-91631_a4_em18
DATETIME
QUASI
14 November 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e19
001-91631_a4_em19
DATETIME
QUASI
11 December 2002
NOT_CONFIDENTIAL
check
001-91631_a4_e20
001-91631_a4_em20
DATETIME
NO_MASK
March 2003
NOT_CONFIDENTIAL
insert
001-91631_a4_e21
001-91631_a4_em21
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e22
001-91631_a4_em22
DATETIME
QUASI
23 April 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e21
001-91631_a4_em23
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e23
001-91631_a4_em24
DATETIME
NO_MASK
three-month
NOT_CONFIDENTIAL
check
001-91631_a4_e24
001-91631_a4_em25
DATETIME
QUASI
23 July 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e25
001-91631_a4_em26
DATETIME
QUASI
22 July 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e21
001-91631_a4_em27
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e26
001-91631_a4_em28
DATETIME
QUASI
23 October 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e27
001-91631_a4_em29
DATETIME
QUASI
13 October 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e21
001-91631_a4_em30
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e28
001-91631_a4_em31
DATETIME
QUASI
23 January 2004
NOT_CONFIDENTIAL
insert
001-91631_a4_e29
001-91631_a4_em32
ORG
NO_MASK
Wrocław Regional Court (Sąd Okręgowy)
NOT_CONFIDENTIAL
check
001-91631_a4_e30
001-91631_a4_em33
DATETIME
QUASI
7 November 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e31
001-91631_a4_em34
ORG
NO_MASK
Regional Court
NOT_CONFIDENTIAL
check
001-91631_a4_e32
001-91631_a4_em35
ORG
NO_MASK
District Court
NOT_CONFIDENTIAL
insert
001-91631_a4_e33
001-91631_a4_em36
DATETIME
QUASI
14 November 2003
NOT_CONFIDENTIAL
check
001-91631_a4_e34
001-91631_a4_em37
DATETIME
QUASI
12 January 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e35
001-91631_a4_em38
DATETIME
QUASI
21 January 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e21
001-91631_a4_em39
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e36
001-91631_a4_em40
DATETIME
QUASI
23 March 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e37
001-91631_a4_em41
DATETIME
QUASI
18 February 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e21
001-91631_a4_em42
ORG
NO_MASK
Wrocław-Śródmieście District Court
NOT_CONFIDENTIAL
insert
001-91631_a4_e38
001-91631_a4_em43
QUANTITY
QUASI
100,000 Polish zlotys (PLN) [approx. 25,500 euros (EUR)]
NOT_CONFIDENTIAL
check
001-91631_a4_e39
001-91631_a4_em44
DATETIME
QUASI
10 March 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e40
001-91631_a4_em45
DATETIME
QUASI
22 March 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e41
001-91631_a4_em46
ORG
NO_MASK
Wrocław Śródmieście District Court
NOT_CONFIDENTIAL
check
001-91631_a4_e42
001-91631_a4_em47
DATETIME
QUASI
10 April 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e43
001-91631_a4_em48
DATETIME
QUASI
25 March 2004
NOT_CONFIDENTIAL
insert
001-91631_a4_e44
001-91631_a4_em49
DATETIME
QUASI
9 March 2004
NOT_CONFIDENTIAL
check
001-91631_a4_e45
001-91631_a4_em50
DATETIME
QUASI
20 March 2006
Andrzej Kaźmierczak
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Andrzej Kaźmierczak