PROCEDURE

The case originated in an application (no. 63905/00) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Adam Wasilewski, represented before the Court by Mr Marek Wasilewski, his father and legal guardian.

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

The applicant alleged, in particular, that his right to the respect for his correspondence, guaranteed by Article 8 of the Convention, was breached.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 28 September 2004, the Court declared the application partly admissible.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a further decision of 28 June 2005 the Court declared inadmissible the applicant’s complaint about the length of criminal proceedings against him.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 15 April 1998 the applicant was arrested and charged with attempted extortion of money by threats. On 16 April the Pruszków District Court dismissed the applicant’s appeal against the detention order, finding that in the light of the evidence the arrest was justified.

On 17 April 1998 the Pruszków District Court decided to detain the applicant on remand. Subsequently, throughout the initial period of his detention, at least until 2 July 1998, the applicant remained in the detention centre Warszawa-Białołęka.

On an unspecified date after 2 July 1998 the applicant was transferred to the detention centre Warszawa-Mokotów.

On 26 July 1998 the applicant sent his first letter to the European Commission of Human Rights. A letter of 24 August 1998, sent by the Commission to the applicant, was intercepted, opened and read by the prosecutor conducting the investigations in the applicant’s case. The envelope in which the letter was delivered bears the following stamps: Detention Centre Warszawa-Białołęka, 8 September 1998; Detention Centre Warszawa 10 September 1998, Detention Centre in Olsztyn 12 October 1998, the Barczewo Prison 14 October 1998. It also bears a note: Censored, 15 September 1998 (“Ocenzurowano”) signed by an illegible signature.

The applicant requested that criminal proceedings be instituted in respect of the interference with his correspondence from the European Commission of Human Rights.

On 27 December 2001 the Warszawa-Ochota District Prosecutor discontinued the investigation of the applicant’s complaint about the letter of 24 August 1998 having been intercepted, opened and read, finding that no criminal offence had been committed. The applicant appealed.

By a decision of 9 May 2002 the Pruszków District Court dismissed his appeal. The court observed that the prosecutor Z.O. who had opened the letter had been authorised by law to open it, to read its contents and to decide whether to forward it to the detained person. The court further considered that Article 103 of the Code of Enforcement of Criminal Sentences, insofar as it prohibited interference with correspondence with international institutions for the protection of human rights, was applicable only to persons convicted by final judicial decisions. Hence, it was not applicable to the situation of the applicant who had at the material time been detained on remand and his situation was therefore governed by other provisions.
NOT_CONFIDENTIAL
check
001-71483_a6_e1
001-71483_a6_em1
CODE
DIRECT
63905/00
NOT_CONFIDENTIAL
correct
001-71483_a6_e2
001-71483_a6_em2
ORG
NO_MASK
Republic of Poland
NOT_CONFIDENTIAL
check
001-71483_a6_e3
001-71483_a6_em3
PERSON
DIRECT
Mr Adam Wasilewski
NOT_CONFIDENTIAL
check
001-71483_a6_e4
001-71483_a6_em4
PERSON
DIRECT
Mr Marek Wasilewski
NOT_CONFIDENTIAL
correct
001-71483_a6_e2
001-71483_a6_em5
ORG
QUASI
001-71483_a6_em2
Polish
NOT_CONFIDENTIAL
check
001-71483_a6_e5
001-71483_a6_em6
PERSON
QUASI
Mr Jakub Wołąsiewicz
NOT_CONFIDENTIAL
insert
001-71483_a6_e6
001-71483_a6_em7
DATETIME
NO_MASK
1 November 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e7
001-71483_a6_em8
DATETIME
QUASI
28 September 2004
NOT_CONFIDENTIAL
check
001-71483_a6_e8
001-71483_a6_em9
DATETIME
QUASI
28 June 2005
NOT_CONFIDENTIAL
check
001-71483_a6_e9
001-71483_a6_em10
DATETIME
QUASI
15 April 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e10
001-71483_a6_em11
DATETIME
QUASI
16 April
NOT_CONFIDENTIAL
check
001-71483_a6_e11
001-71483_a6_em12
ORG
QUASI
Pruszków District Court
NOT_CONFIDENTIAL
check
001-71483_a6_e12
001-71483_a6_em13
DATETIME
QUASI
17 April 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e11
001-71483_a6_em14
ORG
QUASI
Pruszków District Court
NOT_CONFIDENTIAL
check
001-71483_a6_e13
001-71483_a6_em15
DATETIME
QUASI
2 July 1998
NOT_CONFIDENTIAL
insert
001-71483_a6_e14
001-71483_a6_em16
ORG
QUASI
Warszawa-Białołęka
NOT_CONFIDENTIAL
check
001-71483_a6_e13
001-71483_a6_em17
DATETIME
QUASI
2 July 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e15
001-71483_a6_em18
ORG
QUASI
Warszawa-Mokotów
NOT_CONFIDENTIAL
check
001-71483_a6_e16
001-71483_a6_em19
DATETIME
QUASI
26 July 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e17
001-71483_a6_em20
DATETIME
QUASI
24 August 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e14
001-71483_a6_em21
ORG
QUASI
Warszawa-Białołęka
NOT_CONFIDENTIAL
check
001-71483_a6_e18
001-71483_a6_em22
DATETIME
QUASI
8 September 1998
NOT_CONFIDENTIAL
insert
001-71483_a6_e19
001-71483_a6_em23
ORG
QUASI
Detention Centre Warszawa
NOT_CONFIDENTIAL
check
001-71483_a6_e20
001-71483_a6_em24
DATETIME
QUASI
10 September 1998
NOT_CONFIDENTIAL
insert
001-71483_a6_e21
001-71483_a6_em25
ORG
QUASI
Detention Centre in Olsztyn
NOT_CONFIDENTIAL
check
001-71483_a6_e22
001-71483_a6_em26
DATETIME
QUASI
12 October 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e23
001-71483_a6_em27
ORG
QUASI
Barczewo Prison
NOT_CONFIDENTIAL
check
001-71483_a6_e24
001-71483_a6_em28
DATETIME
QUASI
14 October 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e25
001-71483_a6_em29
DATETIME
QUASI
15 September 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e26
001-71483_a6_em30
DATETIME
QUASI
27 December 2001
NOT_CONFIDENTIAL
insert
001-71483_a6_e27
001-71483_a6_em31
ORG
QUASI
Warszawa-Ochota District Prosecutor
NOT_CONFIDENTIAL
check
001-71483_a6_e17
001-71483_a6_em32
DATETIME
QUASI
24 August 1998
NOT_CONFIDENTIAL
check
001-71483_a6_e28
001-71483_a6_em33
DATETIME
QUASI
9 May 2002
NOT_CONFIDENTIAL
check
001-71483_a6_e11
001-71483_a6_em34
ORG
QUASI
Pruszków District Court
NOT_CONFIDENTIAL
check
001-71483_a6_e29
001-71483_a6_em35
PERSON
QUASI
Z.O.
Adam Wasilewski
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Adam Wasilewski