INTERIM resolution DH (99) 260

HUMAN RIGHTS

APPLICATION No. 27506/95

Owczarzak AGAINST Poland

(Adopted by the Committee of Ministers on 15 April 1999 at the 666th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 9 September 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 7 February 1994 by a Polish national, Mr Adam Owczarzak, against Poland;

Whereas on 23 October 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in his application, as declared admissible by the Commission on 3 December 1997, the applicant complained that the Gryfice District Court had intercepted one of his letters addressed to the Commission and included it in his case-file;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention and that no further action needed to be taken in respect of the alleged interference with the effective exercise of the right of individual petition under Article 25 of the Convention;

Whereas at the 666th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 April 1999, that there had been in this case a violation of 8 of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.