PROCEDURE

The case originated in an application (no. 57292/12) 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 Jakub Paluch (“the applicant”), on 30 August 2012.

The applicant, who had been granted legal aid, was represented by Mr S. Kotuła, a lawyer practising in Lublin. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs.

The applicant alleged, in particular, a breach of Article 3 of the Convention on account of the imposition on him of the so-called “dangerous detainee” regime. He also complained under Articles 6 and 13 of the Convention that the proceedings before the penitentiary commission had been unfair and that no effective remedy was available against its decisions.

On 7 July 2014 the application was communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1989 and is currently in detention in Lublin.

A. Criminal proceedings against the applicant

On an unspecified date before October 2011 the applicant was convicted of assault and of endangering lives through arson and extortion.

B. Imposition of the “dangerous detainee” regime

On 14 October 2011, the Lublin Remand Centre Penitentiary Commission (“the commission”) imposed a special regime for detainees deemed to be dangerous (“the dangerous detainee regime”) on the applicant. The commission referred to the fact that the applicant had organised a collective protest in Opole Lubelskie Prison, namely, a hunger strike by prisoners, and that he had planned an attack on a prison employee. It also found that the applicant had received disciplinary punishments on many occasions, in particular for the attempted smuggling of psychoactive substances into prison.

The applicant did not appeal against the decision to impose the regime on him.

The decision was reviewed and upheld by the commission every three months.

On 12 January 2012 the commission again reviewed the situation and upheld its decision, considering that the applicant posed a serious danger to the security of the prison. The applicant did not appeal against that decision.

On 11 April 2012 the commission reviewed and upheld its decision, relying on the same grounds as previously. The applicant appealed.

On 16 May 2012 the commission examined the applicant’s appeal and upheld its earlier decision. It referred to the applicant’s conduct, finding that he had often behaved aggressively. It also referred to the applicant’s highly deficient moral character (wysoki stopień demoralizacji), and the fact that he had been the leader of a collective protest in Opole Lubelskie Prison (the prisoners’ hunger strike) and had planned an attack on a prison employee. The applicant lodged a court appeal against the commission’s decision.

On 13 June 2012 the Lublin Regional Court dismissed the appeal, holding that the decision had been lawful.

On 14 July 2012 the Lublin Remand Centre Penitentiary Commission lifted the dangerous detainee regime in respect of the applicant. It based its decision on the applicant’s good behaviour and the fact that he no longer posed a danger to the prison.

C. Specific aspects of the dangerous detainee regime

The applicant’s cell, including its sanitary facilities, was constantly monitored via closed-circuit television. The window was covered with a plastic blind. The applicant was subjected to a body search every time he left and entered the cell, which in practice meant that he had to strip naked in front of prison officers and was required to bend over to allow his anus to be examined. Whenever he was outside his cell, including at court hearings, the applicant had to wear joined shackles (kajdanki zespolone) on his hands and feet. The shackles consisted of handcuffs and fetters joined together with chains.
NOT_CONFIDENTIAL
check
001-160628_a6_e1
001-160628_a6_em1
CODE
DIRECT
57292/12
NOT_CONFIDENTIAL
correct
001-160628_a6_e2
001-160628_a6_em2
ORG
QUASI
Republic of Poland
NOT_CONFIDENTIAL
check
001-160628_a6_e3
001-160628_a6_em3
DEM
QUASI
Polish
NOT_CONFIDENTIAL
check
001-160628_a6_e4
001-160628_a6_em4
PERSON
DIRECT
Mr Jakub Paluch
NOT_CONFIDENTIAL
check
001-160628_a6_e5
001-160628_a6_em5
DATETIME
QUASI
30 August 2012
NOT_CONFIDENTIAL
check
001-160628_a6_e6
001-160628_a6_em6
PERSON
QUASI
Mr S. Kotuła
NOT_CONFIDENTIAL
check
001-160628_a6_e7
001-160628_a6_em7
LOC
QUASI
Lublin
NOT_CONFIDENTIAL
check
001-160628_a6_e2
001-160628_a6_em8
ORG
QUASI
001-160628_a6_em2
Polish Government
NOT_CONFIDENTIAL
check
001-160628_a6_e8
001-160628_a6_em9
PERSON
QUASI
Ms J. Chrzanowska
NOT_CONFIDENTIAL
check
001-160628_a6_e9
001-160628_a6_em10
DATETIME
QUASI
7 July 2014
NOT_CONFIDENTIAL
check
001-160628_a6_e10
001-160628_a6_em11
DATETIME
QUASI
1989
NOT_CONFIDENTIAL
check
001-160628_a6_e7
001-160628_a6_em12
LOC
QUASI
Lublin
NOT_CONFIDENTIAL
check
001-160628_a6_e11
001-160628_a6_em13
DATETIME
QUASI
October 2011
NOT_CONFIDENTIAL
check
001-160628_a6_e12
001-160628_a6_em14
DATETIME
QUASI
14 October 2011
NOT_CONFIDENTIAL
insert
001-160628_a6_e13
001-160628_a6_em15
ORG
QUASI
Lublin Remand Centre Penitentiary Commission (“the commission”)
NOT_CONFIDENTIAL
correct
001-160628_a6_e14
001-160628_a6_em16
ORG
QUASI
Opole Lubelskie Prison
NOT_CONFIDENTIAL
check
001-160628_a6_e15
001-160628_a6_em17
DATETIME
NO_MASK
every three months
NOT_CONFIDENTIAL
check
001-160628_a6_e16
001-160628_a6_em18
DATETIME
QUASI
12 January 2012
NOT_CONFIDENTIAL
check
001-160628_a6_e17
001-160628_a6_em19
DATETIME
QUASI
11 April 2012
NOT_CONFIDENTIAL
check
001-160628_a6_e18
001-160628_a6_em20
DATETIME
QUASI
16 May 2012
NOT_CONFIDENTIAL
insert
001-160628_a6_e19
001-160628_a6_em21
MISC
QUASI
(wysoki stopień demoralizacji
NOT_CONFIDENTIAL
check
001-160628_a6_e14
001-160628_a6_em22
ORG
QUASI
Opole Lubelskie Prison
NOT_CONFIDENTIAL
check
001-160628_a6_e20
001-160628_a6_em23
DATETIME
QUASI
13 June 2012
NOT_CONFIDENTIAL
check
001-160628_a6_e21
001-160628_a6_em24
ORG
QUASI
Lublin Regional Court
NOT_CONFIDENTIAL
check
001-160628_a6_e22
001-160628_a6_em25
DATETIME
QUASI
14 July 2012
NOT_CONFIDENTIAL
insert
001-160628_a6_e13
001-160628_a6_em26
ORG
QUASI
001-160628_a6_em15
Lublin Remand Centre Penitentiary Commission
NOT_CONFIDENTIAL
correct
001-160628_a6_e23
001-160628_a6_em27
MISC
QUASI
kajdanki zespolone
Jakub Paluch
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Jakub Paluch