Published on 29 March 2021

FIRST SECTION

Application no. 61226/19 Waldemar WYSOCZAŃSKI against Poland lodged on 13 November 2019 communicated on 9 March 2021

STATEMENT OF FACTS

The applicant, Mr Waldemar Wysoczański , is a Polish national, who was born in 1976 and is currently detained in K ł odzko .

The facts of the case, as submitted by the applicant, may be summarised as follows.

The applicant submits that he is a Muslim and a vegetarian by belief. He has been serving a prison sentence in several prisons. Initially he was detained in Jelenia Góra Detention Centre where he was served a meat free diet. Subsequently, he was transferred to Wroc ł aw Detention Centre, where he was also granted a meat free diet.

Between 26 October 2016 and 8 August 2017, the applicant was detained in Wołów Prison. He informed the authorities on admission that he would like to receive a meat free diet. However, he was repeatedly denied a meat free diet, and only served a pork free diet.

In reply to his numerous complaints the prison authorities informed him that he had received pork free meals in accordance with the requirements of his faith.

On 8 June 2017 the applicant lodged a civil claim for compensation against the State Treasury. He alleged a breach of his personal rights (right to manifest religion and religious beliefs) on account of refusal to provide him a meat free diet in prison.

On 2 October 2018 the Wrocław Regional Court dismissed his claim. The court found that the right to be served a diet in compliance with religious beliefs was not absolute and in any event the applicant had been served a pork free diet, in accordance with the principles of the Islamic faith.

On 24 May 2019 the Wrocław Court of Appeal dismissed the applicant ’ s appeal relying on the same grounds . The court held that the applicant had been served a diet in accordance with the requirements of his faith.

COMPLAINT

The applicant complains, invoking Articles 1, 3, 9, 10 and 14 of the Convention that, contrary to his religious beliefs, he was not provided with a meat free diet during his detention in Wołów Prison.

QUESTION TO THE PARTIES

Did the State ’ s alleged failure to provide the applicant with special food in conformity with his convictions constitute a breach of its positive obligations under Article 9 of the Convention (see Jakóbski v. Poland , no. 18429/06, 7 December 2010, and Vartic v. Romania (no. 2) , no. 14150/08 , 17 December 2013 )?