PROCEDURE

The case originated in an application (no. 39842/05) 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 Zbigniew Dyller (“the applicant”), on 13 October 2005.

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 30 August 2007 the President of the Fourth Section of the Court decided to communicate the complaint concerning the length of the applicant’s pre‑trial detention 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 1961 and lives in Tczew.

On 15 October 2003 the applicant was arrested by the police.

On 16 October 2003 the Tczew District Court (Sąd Rejonowy) decided to place the applicant in pre-trial detention in view of the reasonable suspicion that he had committed a robbery by punching R.O. and taking a “Slava” watch from him worth 100 Polish zlotys (PLN). The court also relied on the severity of the penalty that was likely to be imposed on the applicant and the fact that he had been previously convicted of another robbery, for which he had been sentenced to two years’ imprisonment.

On 8 January 2004 the applicant’s pre-trial detention was extended.

On 26 March 2004 the applicant was indicted before the Tczew District Court. The prosecutor established that on 15 October 2003, in Tczew train station, R.O., a homeless person, had been stopped by an individual who had taken a can of beer from him. The individual had then returned, hit R.O. in the face, causing a bruise, and taken his watch. When the police arrived, R.O. identified the applicant as the perpetrator. On his arrest the applicant had dropped the watch and it had been returned to its owner, R.O.

On 8 April 2004 the Tczew District Court further extended the applicant’s detention, finding that the grounds previously given remained relevant. Moreover, the court did not find any circumstances that would point in favour of the applicant’s release.

On 15 July 2004 the Starogard Gdański District Court, to which the case had been transferred, dismissed the applicant’s request for release and further extended his pre-trial detention. It relied on the reasonable suspicion against the applicant and on the likelihood that a severe sentence would be imposed.

It appears that on 29 July 2004 the trial court held the first hearing. Subsequently, hearings were held at regular intervals.

On 14 October 2004 the District Court extended the applicant’s detention, relying solely on the likely severity of the sentence.

On 12 January and 11 April 2005 the applicant’s detention was further extended. The court’s reasons included two grounds: the reasonable suspicion against the applicant and the severity of the penalty that was likely to be imposed.

On 13 July 2005 the court extended the detention of the applicant relying, in addition to the likelihood of a severe penalty being imposed, on the need to secure the proper conduct of the proceedings.

On 30 September 2005 the Starogard Gdański District Court found the applicant guilty of the robbery of a watch worth not less than PLN 3, committed within five years of his previous conviction. The court established that both the applicant and the victim had been under the influence of alcohol. The applicant was sentenced to three years and six months’ imprisonment. The applicant lodged an appeal against the judgment.

The applicant’s detention was subsequently extended.

On 13 January 2006 the Gdańsk Regional Court (Sąd Okręgowy) dismissed the applicant’s appeal and upheld the judgment. It appears that the applicant failed to lodge a cassation appeal with the Supreme Court (Sąd Najwyższy) and that the judgment became final.

On 14 April 2007 the applicant was released from detention, having served the totality of his sentence.

On 4 July 2005 the Tczew District Court acquitted the applicant of the charge of having stolen a can of beer worth PLN 2.8 from R.O. It appears that the judgment was not appealed against and became final.
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CODE
DIRECT
39842/05
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ORG
NO_MASK
Republic of Poland
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DEM
QUASI
Polish
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PERSON
DIRECT
Mr Zbigniew Dyller
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DATETIME
QUASI
13 October 2005
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ORG
NO_MASK
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Polish
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PERSON
QUASI
Mr J. Wołąsiewicz
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DATETIME
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30 August 2007
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DATETIME
QUASI
1961
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LOC
QUASI
Tczew
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DATETIME
QUASI
15 October 2003
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DATETIME
QUASI
16 October 2003
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ORG
QUASI
Tczew District Court
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PERSON
QUASI
R.O.
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correct
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001-93300_a6_em15
MISC
QUASI
Slava
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001-93300_a6_e14
001-93300_a6_em16
QUANTITY
QUASI
100 Polish zlotys (PLN)
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DATETIME
QUASI
two years
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DATETIME
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8 January 2004
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DATETIME
QUASI
26 March 2004
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ORG
QUASI
Tczew District Court
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DATETIME
QUASI
15 October 2003
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LOC
QUASI
Tczew
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001-93300_a6_em23
PERSON
QUASI
R.O.
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PERSON
QUASI
R.O.
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PERSON
QUASI
R.O.
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PERSON
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R.O.
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DATETIME
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8 April 2004
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ORG
QUASI
Tczew District Court
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DATETIME
QUASI
15 July 2004
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ORG
QUASI
Starogard Gdański District Court
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DATETIME
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29 July 2004
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DATETIME
QUASI
14 October 2004
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ORG
NO_MASK
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District Court
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DATETIME
QUASI
12 January and 11 April 2005
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DATETIME
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13 July 2005
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DATETIME
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30 September 2005
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ORG
QUASI
Starogard Gdański District Court
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QUANTITY
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PLN 3
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DATETIME
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five years
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three years and six months’
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13 January 2006
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ORG
QUASI
Gdańsk Regional Court
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ORG
NO_MASK
Supreme Court
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DATETIME
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14 April 2007
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DATETIME
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4 July 2005
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ORG
QUASI
Tczew District Court
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QUANTITY
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PLN 2.8
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PERSON
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R.O.
Zbigniew Dyller
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Zbigniew Dyller