Resolution CM/ ResDH (201 3 ) 37 [1]

Jakobski against Poland

Execution of the judgment of the European Court of Human Rights

(Application No. 18429/06, judgment of 7 December 2010, final on 7 March 2011)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-DD(2011) 1 043E );

Recalling that the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(20 1 1)1043E );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Action Report [2]

Information about the measures to comply with the judgment in the case of

Jakóbski against Poland

Case description

Jakóbski , application no. 18429/06, judgment of 7/12/2010, final on 7/03/2011

This case concerns the authorities ’ refusal to provide a detainee with a meat-free diet in prison, contrary to the dietary rules of his faith (violation of Article 9).

The European Court of Human Rights (“the Court”) observed that the applicant ’ s religion, Buddhism, was one of the world ’ s major religions officially recognised in numerous countries. In addition, it had already held that observing dietary rules can be considered a direct expression of beliefs in practice in the sense of Article 9 of the Convention.

The Court noted that according to the applicant ’ s religion he was supposed to have a simple meat-free diet. He asked to be granted a vegetarian diet, excluding meat products, which, in view of the Court, did not have to be prepared, cooked and served in a prescribed manner, nor did he require to any special products. The applicant was not offered any alternative diet, nor was the Buddhist Mission consulted on the issue of the appropriate diet. The Court was not persuaded that the provision of a vegetarian diet to the applicant would have entailed any disruption to the management of the prison or to any decline in the standards of meals served to other prisoners.

I. Payment of just satisfaction and individual measures

Pecuniary damage

Non- pecuniary damage

Cost and expenses

Total

-

3,000 EUR

187 EUR

3,187 EUR

Paid on 24/05/2011

The applicant was released on 20/06/2011. The Court awarded him just-satisfaction in respect of non-pecuniary damage.

In these circumstances, no other individual measure appears to be necessary.

II. General measures

The rights and obligations of prisoners and persons detained on remand is governed by the Code of Execution of Criminal Sentences of 6 June 1997 (“the 1997 Code”). Under Article 106 of the 1997 Code, a prisoner shall have the right, among other things, to perform religious practices and to take advantage of religious rites and participate in religious services, conducted in prison, to possess the necessary books, writings and objects. Article 109 of the 1997 Code provides that a prisoner shall receive meals taking into consideration, where possible, religious and cultural requirements.

According to statistical information, by the end of August 2011, 927 prisoners and persons detained on remand were enjoying a diet taking into consideration their religious and cultural beliefs and 957 were granted a vegetarian diet.

The current legal provisions provide the detainees with a possibility to apply to the competent authorities for a diet taking into consideration their religious beliefs. Under Article 6 § 2 of the 1997 Code a convicted person may submit motions, complaints and petitions to the authorities carrying out the criminal decision. Furthermore, under Article 7 § 1 of the 1997 Code a convicted person may appeal to the court against the decisions of the directors of the penitentiary establishments, regional directors of the Prison Service and the Director General of the Prison Service. Notwithstanding the above-mentioned provisions, penitentiary judges are entitled, under Articles 32-36 of the 1997 Code, to examine complaints, applications and motions of the detainees.

The existing legal provision regulating the issue of religious diet for prisoners and persons detained on remand, as well as recent statistical data, indicating the positive practice of the Polish penitentiary establishments, prove that the violation of Article 9 of the Convention was rather of an isolated nature and resulted from specific circumstances of the present case. Therefore, it seems that publication and dissemination of the Court ’ s judgment would be appropriated in order to avoid similar violations in the future.

In this context it should be noted, that the Court ’ s judgment was translated into Polish and published on the website of the Ministry of Justice (www.ms.gov.pl). The information about its publication was sent to the Central Board of Prison Service and regional directors of the Prison Service with request to disseminate it among directors of prison establishments.

In these circumstances, no other individual measure appears to be necessary.

III. Conclusions of the respondent state

The Government considers that other individual measures are not necessary in the present case and that the general measures adopted, in particular publication and dissemination of the judgment of the European Court of Human Rights, will be sufficient to conclude that Poland has complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.

[2] Information submitted by the Polish authorities on 19 October 2011