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SAWICKI v. POLAND

Doc ref: 25085/94 • ECHR ID: 001-45862

Document date: January 14, 1997

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Cited paragraphs: 0
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SAWICKI v. POLAND

Doc ref: 25085/94 • ECHR ID: 001-45862

Document date: January 14, 1997

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

Application No. 25085/94

Grzegorz SAWICKI

against

Poland

REPORT OF THE COMMISSION

(adopted on 14 January 1997)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1

PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .3

PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .4

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by Grzegorz Sawicki against Poland on

31 September 1993. It was registered on 6 September 1994 under file

No. 25085/94.

2. The Government of Poland were represented by their Agent,

Mr. Krzysztof Drzewicki of the Ministry of Foreign Affairs.

3. On 6 July 1995 the Commission declared admissible the applicant's

complaint that his correspondence with the Commission had been opened

and delayed by prison authorities. It then proceeded to carry out

its task under Article 28 para. 1 of the Convention which provides as

follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

4. The Commission found that the parties had reached a friendly

settlement of the case and on 14 January 1997 it adopted this Report,

which, in accordance with Article 28 para. 2 of the Convention, is

confined to a brief statement of the facts and of the solution reached.

5. The following members were present when the Report was adopted:

Mr. S. TRECHSEL, President

Mrs. G.H. THUNE

Mrs. J. LIDDY

MM. E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

L. LOUCAIDES

J.-C. GEUS

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mrs. M. HION

PART I

STATEMENT OF THE FACTS

6. The applicant, a Polish citizen born in 1954, is a carpenter

currently serving a prison sentence in Plock prison in Poland.

7. On 20 May 1993 the Wloclawek District Court (S*d Rejonowy)

convicted the applicant of attempted theft and sentenced him to three

years' imprisonment and a fine of three million zlotys with 30 days'

imprisonment in default.

8. The applicant lodged an appeal against this decision. He

complained that the District Court had refused to hear one witness, who

had been heard in the course of the investigation, and to inspect the

scene of the crime. He also complained about the assessment of

evidence by the District Court.

9. On 18 November 1993 the Wloclawek Regional Court (S*d Wojewódzki)

dismissed the appeal. On 12 April 1994 the Minister of Justice refused

leave for an extraordinary appeal.

10. The Commission's Secretariat sent letters to the applicant on

24 January 1994, 24 March 1994, 25 July 1994, 8 September and

6 October 1994. The letter of 24 March 1994 was opened by the prison

guard in Fordon prison by mistake. She realised that the letter was

not subject to censorship. After the applicant complained, she

explained that the opening of the letter was due to an administrative

error and apologised. The letter of 8 September 1994 was handed to the

applicant with a delay. The letter of 6 October 1994 was received at

the Fordon prison on 12 October 1994 and served on the applicant on

13 October 1994. The letters posted in January and July were stopped

by the prison authorities and handed to him with delays of

approximately twenty days. The prison authorities posted the

applicant's letters to the Commission only upon his insistent requests.

11. The admissible part of the application related to the applicant's

complaint under Article 8 of the Convention about the interference with

his correspondence with the Commission.

PART II

SOLUTION REACHED

12. Following the decision on the admissibility of the application,

the Commission placed itself at the disposal of the parties with a view

to securing a friendly settlement in accordance with

Article 28 para. 1 (b) of the Convention and invited the parties to

submit any proposals they wished to make.

13. In accordance with the usual practice, the Secretary, acting on

the Commission's instructions, contacted the parties to explore the

possibilities of reaching a friendly settlement.

14. On 25 September 1996 the applicant notified the Commission that

on 9 September 1996 the parties had reached a friendly settlement in

which the Government agreed to transfer the applicant to another prison

chosen by him and apologised for the interference with his

correspondence. On 30 September 1996 the Government notified the

Commission accordingly and informed it that the applicant had been

transferred to Plock prison.

15. At its session on 14 January 1997, the Commission noted that the

parties had reached an agreement regarding the terms of a settlement.

It further considered, having regard to Article 28 para. 1 (b) of the

Convention, that the friendly settlement of the case had been secured

on the basis of respect for Human Rights as defined in the Convention.

16. For these reasons, the Commission adopted the present Report.

H.C. KRÜGER S. TRECHSEL

Secretary President

to the Commission of the Commission

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