Published on 19 July 2021

FIRST SECTION

Application no. 18169/20 Janusz Piotr STRZAŁKOWSKI against Poland lodged on 14 April 2020 c ommunicated on 29 June 2021

SUBJECT MATTER OF THE CASE

The application concerns refusal to grant the applicant prisoner compassionate leave to attend his daughter ’ s religious ceremony.

At the material time, the applicant was serving his sentence in Ł owicz Prison.

On 18 November 2019 he sought compassionate leave from 29 November to 1 December 2019 because on 30 November 2019 at 10 a.m., his fourteen-year-old daughter was having a combined ceremony of Christening and Holy Communion at a local church in Warsaw. He relied on Article 141 (a) § 1 of the Code of Execution of Criminal Sentences.

On 18 November 2019 the prison ’ s governor refused to grant the leave sought.

On 1 November 2019 the applicant filed an interlocutory appeal against that decision with the penitentiary court.

On 20 December 2019 the Łó d ź Regional Court upheld the governor ’ s decision on the grounds that the applicant ’ s attendance at his daughter ’ s ceremony was not absolutely necessary and, as such, did not qualify as “an unexpected life emergency” ( nag ł a sytuacja losowa ) that fell within the scope of Article 141 (a) § 1 of the Code of Execution of Criminal Sentences.

QUESTION TO THE PARTIES

In light of the outcome and duration of the procedure, was the refusal to allow the applicant compassionate leave to attend his minor daughter ’ s baptism and first communion compatible with his right to respect for his private and family life guaranteed by the Article 8 of the Convention?