PROCEDURE

The case originated in an application (no. 39912/06) 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 Marek Ruprecht (“the applicant”), on 29 August 2006.

The applicant was initially represented by Mr R. Bafia, a lawyer practising in Gdańsk. By a letter dated 14 December 2009 the lawyer informed the Registry that he had waived his power of attorney. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 21 April 2008 the application was communicated to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1969 and is currently detained in Sztum Remand Centre.

A. Criminal proceedings against the applicant and his pre-trial detention

On 7 May 1998 the applicant was arrested on suspicion of homicide and numerous counts of robbery.

On 9 May 1998 the Gdynia District Court (Sąd Rejonowy) remanded him in custody relying on the reasonable suspicion that he had committed the offences in question.

The applicant’s appeals against decisions prolonging his detention and all his subsequent applications for release were unsuccessful.

In the course of the investigation, the applicant’s detention was prolonged on several occasions by the courts.

In 31 July 2000 a bill of indictment against the applicant and seven other persons was lodged with the Gdańsk Regional Court. The applicant was charged with, inter alia, homicide, attempted hommicide, kidnapping and illegal possession of firearms.

On 29 July 2003 the Gdańsk Regional Court (Sąd Okręgowy) found the applicant guilty as charged and sentenced him to life-imprisonment. The applicant appealed.

On 16 December 2004, the Gdańsk Court of Appeal (Sąd Apelacyjny) quashed the first‑instance judgment and remitted the case. 12 On 25 August 2005 the Gdańsk Regional severed some of the charges against the applicant and assigned them to a separate set of proceedings (“the second set of proceedings”). Both the initial set of proceedings and the second set of proceedings were conducted before the Gdańsk Regional Court.

The applicant’s detention was further extended in the course of the trial.

In all their detention decisions the authorities repeatedly relied on a strong suspicion that the applicant had committed the offences in question, which was supported by evidence from witnesses and by experts’ opinions. They underlined the grave nature of those offences, emphasising the charges against the applicant, and the likelihood of a severe sentence of imprisonment being imposed on him. The courts further considered that keeping the applicant in detention was necessary to secure the proper conduct of the proceedings. Lastly, the courts found no special grounds, as specified in Article 259 § 1 of the Code of Criminal Procedure, that would justify lifting the detention and imposing a less severe measure.

On 14 November 2006 the Gdańsk Court of Appeal decided to lift the applicant’s pre-trial detention in the second set of proceedings. The applicant remained in custody, as the pre-trial detention ordered in the initial set of proceedings had further been extended.

Following the remittal of the case in the initial set of proceedings, the Gdańsk Regional Court gave its judgment on 24 August 2007. The applicant was found guilty as charged and sentenced to life-imprisonment.

In the second set of proceedings, on 15 April 2008, the Gdańsk Regional Court convicted the applicant and sentenced him to 10 years’ imprisonment.

It appears that the appeal proceedings in both sets of the proceedings are pending before the domestic courts.

B. Censorship of the applicant’s correspondence

On 7 and 15 May 2007, the applicant received four postcards from some alleged family members and friends bearing stamps “censored” (“cenzurowano”).

C. The applicant’s contacts with visitors

On 15 May 2007 a judge of Gdańsk Regional Court dismissed the applicant’s motion to allow a visit in the Gdańsk Remand Centre from a certain J. Ch., who was, as alleged by the applicant, his cousin. The decision read as follows: “a word ‘cousin’ is a broad notion, Mr. J. Ch. remains therefore, in the court’s view, a stranger, whereas visits are granted to close persons.”
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CODE
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39912/06
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ORG
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Republic of Poland
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DEM
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Polish
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PERSON
DIRECT
Mr Marek Ruprecht
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DATETIME
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29 August 2006
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Mr R. Bafia
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Gdańsk
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DATETIME
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14 December 2009
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Polish Government
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Mr J. Wołąsiewicz
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21 April 2008
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DATETIME
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1969
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LOC
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Sztum Remand Centre
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DATETIME
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7 May 1998
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9 May 1998
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ORG
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Gdynia District Court
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Sąd Rejonowy
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31 July 2000
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Gdańsk Regional Court
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29 July 2003
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Gdańsk Regional Court
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Sąd Okręgowy
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16 December 2004
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Gdańsk Court of Appeal
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Sąd Apelacyjny
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25 August 2005
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Gdańsk Regional
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Gdańsk Regional Court
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14 November 2006
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Gdańsk Court of Appeal
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Gdańsk Regional Court
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DATETIME
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24 August 2007
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15 April 2008
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Gdańsk Regional Court
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10 years’
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7 and 15 May 2007
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Gdańsk Regional Court
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LOC
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Gdańsk Remand Centre
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PERSON
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J. Ch.
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PERSON
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Mr. J. Ch
Marek Ruprecht
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Marek Ruprecht