PROCEDURE

The case originated in an application (no. 11118/06) 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 Wojciech Nowak (“the applicant”), on 13 March 2006.

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

The applicant alleged that the Polish authorities had failed to take effective steps to enforce his right of contact with his son, which had violated his rights under Article 8 of the Convention.

On 17 November 2008 the President of the Fourth Section decided to give notice of the application to the Government. It was 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 1966 and lives in Zawiercie.

In 1993 the applicant married A.N. In 1994 they had a son, D. Subsequently, the applicant and A.N. separated. Since their separation, they have been living in the same town and in the same street.

On 3 September 1996 the Zawiercie District Court issued an interim contact order. According to its terms, the applicant was allowed to visit the child every Tuesday and every first Saturday and third Sunday of the month, between 4 p.m. and 6.30 p.m.

Between 29 September 1996 and 5 October 1997 the Zawiercie police intervened on 12 occasions in order to facilitate the applicant's contact with his child. These interventions took place at A.N's place of residence and it would appear that on all these occasions the applicant was able to see the child.

On 27 May 1997 the Katowice Regional Court dissolved the applicant's marriage. It awarded parental rights to A.N., limited the applicant in the exercise of his rights and ordered that D.'s permanent residence be with his mother. The applicant was allowed to participate in decisions about the child's education and health.

On 1 September 1997, 5 May 1998 and 18 May 1999 the applicant made applications for fines to be imposed on A.N. under Article 1051 of the Code of Civil Procedure. He subsequently withdrew the applications.

On 4 March 1998 the District Court modified the access arrangements to allow the applicant to take his son for two weeks' holiday between 1 and 15 July.

Between 1 June 1998 and 28 January 1999 the Zawiercie police intervened on nine occasions in order to facilitate the applicant's contact with D. It appears that only on one of these occasions was the applicant unable to see D., as the child stated that he had not wished to see his father.

On 15 April 1999, on the applicant's motion, the Zawiercie District Court ordered A.N to allow the applicant's contact with the child on pain of a 100 PLN fine.

Between 18 April 1999 and 8 June 1999 the police intervened on eight occasions in order to enforce the applicant's contacts with his son.

On 9 December 1999 the applicant and his ex-wife concluded a court settlement concerning the applicant's visiting right. According to its terms the contacts were to be enforced under supervision of a court appointed guardian in order to protect D.'s well-being.

However, the mother failed to comply with the access arrangements. On 5 January 2000 the applicant asked the Zawiercie District Court to impose a fine on A.N. for failure to comply with the settlement. On 9 March 2000 the District Court ordered A.N. to make the child available for a visit (by 1 May 2000), on pain of having to pay a fine.

On 28 April 2000 the applicant lodged yet another request for a fine to be imposed on A.N. On 19 December 2000 the District Court dismissed that request. The court obtained reports from two experts including a psychologist and heard evidence from several witnesses. It considered that A.N had not turned the child against his father. It noted that the child had not wished to attend the meetings with his father. Moreover, because of the forced contacts, in particular the two-week holiday in 1998, D. started suffering from anxiety and fear. The court also made reference to the fact that the applicant had proposed not to have any contacts with the child for 5 years if A.N did not claim maintenance payments for that period. The applicant's further appeal was dismissed by the Katowice Regional Court on 28 February 2001.

Meanwhile, on 21 February 2000 the applicant filed a motion for amendment of the divorce decree in the part relating to parental rights. On 18 October 2000 the Zawiercie District Court dismissed his application.

The applicant appealed, and on 28 December 2000 the Katowice Regional Court gave a decision granting custody to the applicant and ordering that D.'s permanent residence be with his father. The mother was allowed to participate in decisions concerning the child's education and choice of profession.

On 29 December 2000 A.N. filed an application with the Zawiercie District Court to be granted sole custody of D.

On 23 August 2001 the District Court returned the applicant's request to impose a fine on A.N. since he had failed to pay the required court fee. His subsequent interlocutory appeal was dismissed on 15 November 2001.

On 12 October 2001 the Zawiercie District Court modified the decision of 28 December 2000. The court held that A.N. should be granted full custody over D. and that D.'s place of residence should be with his mother. The applicant was allowed to decide jointly about the child's education and choice of profession.

A further appeal lodged by the applicant was dismissed by the Czestochowa Regional Court on 19 December 2001. The court held that the applicant had not had a good relationship with his child and that the boy was afraid of him. The court stressed that the applicant could not have successfully claimed custody over D. since his son fled from him whenever he had seen him.

Meanwhile, the applicant asked the court to hand D. over to him. On 27 June 2001 the District Court gave an interim decision and held that while the custody proceedings were pending the child should stay with his mother. On 31 January 2002 the District Court refused to hand D. over to the applicant.

On 15 March 2002 the Zawiercie District Court dismissed the applicant's motion to impose a fine on A.N. for obstructing his access to the child.

On 6 October 2005 the applicant again requested that D. be restored to him. On 14 October 2005 the Zawiercie District Court refused his request. The applicant did not appeal against that decision.

On 16 December 2005 the applicant filed an application to be granted full parental rights. His application was dismissed by the Zawiercie District Court on 28 July 2006. The court held that D. had been living with his mother, with whom he had very close relations, and it was in the child's best interest to leave him with her. The court referred to the child's (then 12 years old) own statements that his mother had not obstructed his contact with the applicant. It was D. himself who had avoided contact with his father. The court further noted that between 2001 and 2005 (when A.N filed a claim for increase of maintenance payments) the applicant had not attempted to contact his son and to exercise his visiting rights. Their contact was limited to occasional meetings on the street, since they lived nearby. The applicant's appeal against this decision was dismissed on 27 September 2006 by the Czestochowa Regional Court.

On 24 March 2006 the applicant asked the court to impose a fine on the mother for obstructing his contacts with D. On 22 June 2006 the District Court dismissed his request. The applicant did not appeal against that decision.
NOT_CONFIDENTIAL
check
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CODE
DIRECT
11118/06
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ORG
NO_MASK
Republic of Poland
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DEM
QUASI
Polish
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PERSON
DIRECT
Mr Wojciech Nowak
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DATETIME
QUASI
13 March 2006
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NO_MASK
Polish Government
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PERSON
QUASI
Mr J. Wołąsiewicz
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DATETIME
QUASI
17 November 2008
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DATETIME
QUASI
1966
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LOC
QUASI
Zawiercie
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001-99172_a2_em11
DATETIME
QUASI
1993
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PERSON
QUASI
A.N.
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001-99172_a2_e13
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DATETIME
QUASI
1994
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001-99172_a2_em14
PERSON
QUASI
D.
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correct
001-99172_a2_e12
001-99172_a2_em15
PERSON
QUASI
A.N.
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check
001-99172_a2_e15
001-99172_a2_em16
DATETIME
QUASI
3 September 1996
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001-99172_a2_em17
ORG
QUASI
Zawiercie District Court
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001-99172_a2_em18
DATETIME
QUASI
29 September 1996
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DATETIME
QUASI
5 October 1997
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LOC
QUASI
Zawiercie
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001-99172_a2_e19
001-99172_a2_em21
QUANTITY
QUASI
12 occasions
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001-99172_a2_e20
001-99172_a2_em22
PERSON
QUASI
A.N
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001-99172_a2_e21
001-99172_a2_em23
DATETIME
QUASI
27 May 1997
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001-99172_a2_e22
001-99172_a2_em24
ORG
QUASI
Katowice Regional Court
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correct
001-99172_a2_e12
001-99172_a2_em25
PERSON
QUASI
A.N.
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correct
001-99172_a2_e14
001-99172_a2_em26
PERSON
QUASI
D.
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001-99172_a2_e23
001-99172_a2_em27
DATETIME
QUASI
1 September 1997
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DATETIME
QUASI
5 May 1998
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DATETIME
QUASI
18 May 1999
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PERSON
QUASI
A.N.
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001-99172_a2_e26
001-99172_a2_em31
DATETIME
QUASI
4 March 1998
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001-99172_a2_e27
001-99172_a2_em32
ORG
NO_MASK
District Court
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001-99172_a2_e28
001-99172_a2_em33
DATETIME
NO_MASK
two weeks' holiday
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001-99172_a2_e29
001-99172_a2_em34
DATETIME
QUASI
1 and 15 July
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001-99172_a2_e30
001-99172_a2_em35
DATETIME
QUASI
Between 1 June 1998
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001-99172_a2_e31
001-99172_a2_em36
DATETIME
QUASI
28 January 1999
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001-99172_a2_e10
001-99172_a2_em37
LOC
QUASI
Zawiercie
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001-99172_a2_e14
001-99172_a2_em38
PERSON
QUASI
D.
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001-99172_a2_e14
001-99172_a2_em39
PERSON
QUASI
D.
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001-99172_a2_em40
DATETIME
QUASI
15 April 1999
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ORG
QUASI
Zawiercie District Court
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correct
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001-99172_a2_em42
PERSON
QUASI
A.N
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001-99172_a2_e33
001-99172_a2_em43
QUANTITY
QUASI
100 PLN
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001-99172_a2_e34
001-99172_a2_em44
DATETIME
QUASI
Between 18 April 1999
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001-99172_a2_em45
DATETIME
QUASI
8 June 1999
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001-99172_a2_e36
001-99172_a2_em46
DATETIME
QUASI
9 December 1999
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001-99172_a2_e14
001-99172_a2_em47
PERSON
QUASI
D.
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001-99172_a2_e37
001-99172_a2_em48
DATETIME
QUASI
5 January 2000
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001-99172_a2_e16
001-99172_a2_em49
ORG
QUASI
Zawiercie District Court
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001-99172_a2_e12
001-99172_a2_em50
PERSON
QUASI
A.N.
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001-99172_a2_e38
001-99172_a2_em51
DATETIME
QUASI
9 March 2000
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001-99172_a2_em52
ORG
NO_MASK
District Court
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PERSON
QUASI
A.N.
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001-99172_a2_e39
001-99172_a2_em54
DATETIME
QUASI
1 May 2000
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001-99172_a2_e40
001-99172_a2_em55
DATETIME
QUASI
28 April 2000
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PERSON
QUASI
A.N.
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001-99172_a2_e41
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DATETIME
QUASI
19 December 2000
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ORG
NO_MASK
District Court
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001-99172_a2_em59
PERSON
NO_MASK
A.N
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001-99172_a2_e42
001-99172_a2_em60
DATETIME
NO_MASK
two-week
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DATETIME
QUASI
1998
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PERSON
QUASI
D.
HEALTH
insert
001-99172_a2_e44
001-99172_a2_em63
MISC
NO_MASK
anxiety and fear
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001-99172_a2_e45
001-99172_a2_em64
DATETIME
QUASI
5 years
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001-99172_a2_e20
001-99172_a2_em65
PERSON
NO_MASK
A.N
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001-99172_a2_e22
001-99172_a2_em66
ORG
QUASI
Katowice Regional Court
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001-99172_a2_e46
001-99172_a2_em67
DATETIME
QUASI
28 February 2001
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001-99172_a2_e47
001-99172_a2_em68
DATETIME
QUASI
21 February 2000
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001-99172_a2_e48
001-99172_a2_em69
DATETIME
QUASI
18 October 2000
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001-99172_a2_e16
001-99172_a2_em70
ORG
QUASI
Zawiercie District Court
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001-99172_a2_e49
001-99172_a2_em71
DATETIME
QUASI
28 December 2000
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001-99172_a2_e22
001-99172_a2_em72
ORG
QUASI
Katowice Regional Court
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PERSON
QUASI
D.
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DATETIME
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29 December 2000
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PERSON
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A.N.
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QUASI
Zawiercie District Court
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001-99172_a2_em77
PERSON
QUASI
D.
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QUASI
23 August 2001
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NO_MASK
District Court
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PERSON
QUASI
A.N.
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DATETIME
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15 November 2001
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12 October 2001
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Zawiercie District Court
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28 December 2000
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A.N.
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PERSON
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D.
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PERSON
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D.
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001-99172_a2_em88
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QUASI
Czestochowa Regional Court
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19 December 2001
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D.
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PERSON
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D.
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QUASI
27 June 2001
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001-99172_a2_em93
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NO_MASK
District Court
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001-99172_a2_e57
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DATETIME
QUASI
31 January 2002
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001-99172_a2_em95
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NO_MASK
District Court
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001-99172_a2_em96
PERSON
QUASI
D.
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001-99172_a2_e58
001-99172_a2_em97
DATETIME
QUASI
15 March 2002
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001-99172_a2_em98
ORG
QUASI
Zawiercie District Court
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001-99172_a2_em99
PERSON
QUASI
A.N.
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DATETIME
QUASI
6 October 2005
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001-99172_a2_em101
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D.
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001-99172_a2_e60
001-99172_a2_em102
DATETIME
QUASI
14 October 2005
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001-99172_a2_em103
ORG
QUASI
Zawiercie District Court
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001-99172_a2_e61
001-99172_a2_em104
DATETIME
QUASI
16 December 2005
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001-99172_a2_em105
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QUASI
Zawiercie District Court
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001-99172_a2_em106
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28 July 2006
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D.
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QUASI
12 years old
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D.
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between 2001 and 2005
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PERSON
NO_MASK
A.N
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001-99172_a2_em112
DATETIME
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27 September 2006
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Czestochowa Regional Court
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DATETIME
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24 March 2006
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D.
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QUASI
22 June 2006
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NO_MASK
District Court
Wojciech Nowak
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Wojciech Nowak