Information Note on the Court’s case-law 5

April 1999

D.D. v. Poland (dec.) - 29461/95

Decision 5.10.2000 [Section IV]

Article 5

Article 5-1

Lawful arrest or detention

Lawfulness of arrest and alleged ill-treatment by the police: decision to hold a hearing

The applicant and her brother are co-owners of a house in which they both live. The applicant’s brother submitted a complaint to the police, alleging that sh e had cut off the electricity in the part of the house he occupies. As a result, she was arrested and taken to the police station where she was questioned and allegedly ill-treated. She subsequently complained about her arrest to the District Court, statin g, inter alia , that she had received no summons before being arrested, a claim which the authorities disputed. Her complaint was rejected as out of time.  She then appealed to the Regional Court, which quashed the decision and referred the case back to the District Court. Her complaint was, however, once more rejected by the District Court, no appeal lying against this new decision. In the meantime, criminal proceedings were instituted against her, at the district prosecutor’s initiative, and she was charge d with, inter alia, resisting arrest; these proceedings are still pending.

The Section decided that, since certain facts are in dispute between the parties and  in view of the doubts as to domestic remedies applicable in the circumstances of the case, a he aring on admissibility should be held.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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