Published on 3 May 2021

FIRST SECTION

Application no. 46466/19 Krzysztof Remigiusz CHMIELEWSKI against Poland lodged on 21 August 2019 communicated on 15 April 2021

SUBJECT MATTER OF THE CASE

The application concerns the refusal to grant the applicant compassionate leave in order to attend the funeral of his brother.

The applicant has been serving a prison sentence since 2017. On 7 December 2018 he asked for compassionate leave in order to attend his brother ’ s funeral. In reply, he was offered a possibility to attend the funeral wearing “ joined shackles” on his hands and feet (hand ‑ cuffs and fetters joined together with chains) and under the prison guard escort. On the same day he appealed to the penitentiary court alleging that the conditions imposed on his attending the funeral were undignified. The funeral took place on 10 December 2019. The Cz Ä™ stochowa Regional Court dismissed his appeal nearly three months later, on 27 February 2019.

The applicant complains invoking Articles 8, 13 and 14 of the Convention about the conditions attached to his attending the funeral of his brother.

QUESTIONS TO THE PARTIES

1 . Did the imposition of the impugned conditions on his attending the funeral of his brother deprive the applicant of the effective possibility to attend this funeral and, if so, did the circumstances of the case give rise to a breach of Article 8 § 1 of the Convention?

2 . Did the domestic authorities provide a timely and adequate reply to the applicant ’ s request for compassionate leave, as required by Article 8 § 1 of the Convention (see Płoski v. Poland , no. 26761/95, 12 November 2002 and Giszczak v. Poland , no. 40195/08, 29 November 2011)?