PROCEDURE

The case originated in an application (no. 41373/04) 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 Wojciech Arciński (“the applicant”), on 15 November 2004.

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

The applicant complained under Article 6 § 1 read together with Article 6 § 3 (c) of the Convention that he had been deprived of access to the Supreme Court.

On 20 November 2007 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 1945. He is currently serving a prison sentence in Płock prison.

Since 1997 the applicant lived with his partner in her apartment in Płock. On 22 March 2002 she was found dead in the apartment. She had serious head injuries and broken ribs. The applicant protested his innocence. On 7 February 2003 the Płock District Prosecutor lodged a bill of indictment against the applicant with the Płock Regional Court. The applicant was charged with murder.

On 28 April 2003 the Płock Regional Court gave a judgment in the case. The court found the applicant guilty of murder and sentenced him to eleven years’ imprisonment.

On 30 June 2003 the applicant appealed to the Warsaw Court of Appeal. He argued that the first‑instance court had failed to examine all the relevant circumstances of the case.

On 7 October 2003 the appellate court quashed the judgment and remitted the case to the first‑instance court for re‑examination, having regard to certain procedural shortcomings in the proceedings.

On 16 December 2003 the Płock Regional Court gave a judgment and again convicted the applicant of murder. The applicant was sentenced to eleven years’ imprisonment. The applicant appealed. On 16 April 2004 the appellate court upheld the contested judgment.

Throughout the judicial proceedings the applicant was represented by a legal-aid lawyer.

On 28 June 2004 the court served the written grounds of the judgment on the applicant and assigned a legal-aid lawyer for the purpose of cassation proceedings.

By a letter of 26 July 2004 the lawyer informed the court that he had not found any grounds on which to prepare a cassation appeal.

On 29 July 2004 the appellate court forwarded the lawyer’s refusal to the applicant and informed him that the time-limit for lodging the cassation appeal was to expire on 30 July 2004.

On an unspecified date the applicant requested the court to assign a new legal aid lawyer. The court refused to do so.
NOT_CONFIDENTIAL
insert
001-93957_a4_e1
001-93957_a4_em1
CODE
DIRECT
41373/04
NOT_CONFIDENTIAL
correct
001-93957_a4_e2
001-93957_a4_em2
ORG
NO_MASK
Republic of Poland
ETHNIC
insert
001-93957_a4_e3
001-93957_a4_em3
DEM
NO_MASK
Polish national
NOT_CONFIDENTIAL
check
001-93957_a4_e4
001-93957_a4_em4
PERSON
DIRECT
Mr Wojciech Arciński
NOT_CONFIDENTIAL
check
001-93957_a4_e5
001-93957_a4_em5
DATETIME
QUASI
15 November 2004
NOT_CONFIDENTIAL
check
001-93957_a4_e6
001-93957_a4_em6
PERSON
QUASI
Ms M. Gąsiorowska
NOT_CONFIDENTIAL
check
001-93957_a4_e7
001-93957_a4_em7
LOC
NO_MASK
Warsaw
NOT_CONFIDENTIAL
insert
001-93957_a4_e8
001-93957_a4_em8
ORG
NO_MASK
Polish Government
NOT_CONFIDENTIAL
check
001-93957_a4_e9
001-93957_a4_em9
PERSON
NO_MASK
Mr J. Wołąsiewicz
NOT_CONFIDENTIAL
check
001-93957_a4_e10
001-93957_a4_em10
ORG
NO_MASK
Ministry of Foreign Affairs
NOT_CONFIDENTIAL
check
001-93957_a4_e11
001-93957_a4_em11
ORG
NO_MASK
Supreme Court
NOT_CONFIDENTIAL
check
001-93957_a4_e12
001-93957_a4_em12
DATETIME
QUASI
20 November 2007
NOT_CONFIDENTIAL
correct
001-93957_a4_e13
001-93957_a4_em13
DATETIME
QUASI
1945
NOT_CONFIDENTIAL
insert
001-93957_a4_e14
001-93957_a4_em14
ORG
QUASI
Płock prison
NOT_CONFIDENTIAL
check
001-93957_a4_e15
001-93957_a4_em15
DATETIME
QUASI
1997
NOT_CONFIDENTIAL
check
001-93957_a4_e16
001-93957_a4_em16
LOC
QUASI
Płock
NOT_CONFIDENTIAL
check
001-93957_a4_e17
001-93957_a4_em17
DATETIME
QUASI
22 March 2002
NOT_CONFIDENTIAL
check
001-93957_a4_e18
001-93957_a4_em18
DATETIME
QUASI
7 February 2003
NOT_CONFIDENTIAL
check
001-93957_a4_e19
001-93957_a4_em19
ORG
QUASI
Płock District Prosecutor
NOT_CONFIDENTIAL
check
001-93957_a4_e20
001-93957_a4_em20
ORG
QUASI
Płock Regional Court
NOT_CONFIDENTIAL
check
001-93957_a4_e21
001-93957_a4_em21
DATETIME
QUASI
28 April 2003
NOT_CONFIDENTIAL
check
001-93957_a4_e20
001-93957_a4_em22
ORG
QUASI
Płock Regional Court
NOT_CONFIDENTIAL
correct
001-93957_a4_e22
001-93957_a4_em23
DATETIME
NO_MASK
eleven years’
NOT_CONFIDENTIAL
check
001-93957_a4_e23
001-93957_a4_em24
DATETIME
QUASI
30 June 2003
NOT_CONFIDENTIAL
check
001-93957_a4_e24
001-93957_a4_em25
ORG
NO_MASK
Warsaw Court of Appeal
NOT_CONFIDENTIAL
check
001-93957_a4_e25
001-93957_a4_em26
DATETIME
QUASI
7 October 2003
NOT_CONFIDENTIAL
check
001-93957_a4_e26
001-93957_a4_em27
DATETIME
QUASI
16 December 2003
NOT_CONFIDENTIAL
check
001-93957_a4_e20
001-93957_a4_em28
ORG
QUASI
Płock Regional Court
NOT_CONFIDENTIAL
correct
001-93957_a4_e27
001-93957_a4_em29
DATETIME
NO_MASK
eleven years
NOT_CONFIDENTIAL
check
001-93957_a4_e28
001-93957_a4_em30
DATETIME
QUASI
16 April 2004
NOT_CONFIDENTIAL
check
001-93957_a4_e29
001-93957_a4_em31
DATETIME
QUASI
28 June 2004
NOT_CONFIDENTIAL
check
001-93957_a4_e30
001-93957_a4_em32
DATETIME
QUASI
26 July 2004
NOT_CONFIDENTIAL
check
001-93957_a4_e31
001-93957_a4_em33
DATETIME
QUASI
29 July 2004
NOT_CONFIDENTIAL
check
001-93957_a4_e32
001-93957_a4_em34
DATETIME
QUASI
30 July 2004
Wojciech Arciński
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Wojciech Arciński