Published on 8 November 2021

FIRST SECTION

Application no. 16602/21 Jacek JAROSZCZAK against Poland lodged on 8 March 2021 communicated on 11 October 2021

SUBJECT MATTER OF THE CASE

The application concerns the refusal to grant the applicant compassionate leave from prison in order to attend the funeral of his adoptive father.

The applicant’s request for compassionate leave was dismissed due to his alleged failure to produce all necessary information regarding the funeral. He appealed to the penitentiary court which dismissed his appeal, more than three weeks after the funeral. The applicant then lodged a civil lawsuit against the State Treasury, claiming compensation for the infringement of his personal rights by the refusal to grant him compassionate leave on several occasions, including the abovementioned funeral. While the first instance court granted his claim in part, the appellate court rejected it in full.

The applicant complains under Article 8 of the Convention that his right to family and private life was violated when he was not allowed to attend his adopted father’s funeral.

QUESTION TO THE PARTIES

Was the refusal to allow the applicant compassionate leave from prison to attend his adoptive father’s funeral compatible with his right to respect for his private and family life guaranteed by Article 8 of the Convention (see, Płoski v. Poland , no. 26761/95, 12 November 2002; Czarnowski v. Poland , no. 28586/03, 20 January 2009; Krym v. Poland (dec.), no. 26938/05, 7 October 2008; Wadielac v. Poland (dec.), no. 14260/09, 25 May 2010; Jurga v. Poland (dec.), no. 30540/09, 22 June 2010; Giszczak v. Poland , no. 40195/08, 29 November 2011; Watros v. Poland (dec.), no. 13384/10, 31 January 2012; Pielak v. Poland (dec.), no. 9409/09, 25 September 2012; and Janiszewski v. Poland (dec.) 58259/13, 24 March 2015)?