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PAWLIK v. POLAND

Doc ref: 13389/18 • ECHR ID: 001-202140

Document date: March 4, 2020

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PAWLIK v. POLAND

Doc ref: 13389/18 • ECHR ID: 001-202140

Document date: March 4, 2020

Cited paragraphs only

Communicated on 4 March 2020 Published on 23 March 2020

FIRST SECTION

Application no. 13389/18 Kazimierz PAWLIK against Poland lodged on 17 May 2018

STATEMENT OF FACTS

The applicant, Mr Kazimierz Pawlik , is a Polish national who was born in 1985 and lives in Torzym .

The circumstances of the case

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

The applicant was serving his prison sentence at Pozna Å„ Prison. His sentence was due to come to an end on 28 March 2019.

In the course of his imprisonment he was treated by a dentist and all his upper teeth were extracted.

On 20 February 2018 the applicant requested the prison administration to provide him with dentures. This request was refused on 2 March 2018. The applicant lodged a complaint against that decision with the court.

On 10 May 2018 the Pozna ń Regional Court dismissed the applicant’s complaint, having found no irregularity on the part of the prison administration. It noted that the applicant met the medical requirements to be fitted with dentures. However, paragraph 4.l (2) of the relevant ordinance of the Minister of Justice of 13 November 2013 stipulated that a prisoner had the right to be provided with dentures free of charge once every 5 years and provided that he had at least 2 years to serve until the end of his imprisonment. The applicant did not comply with this requirement because he had lodged his request on 20 February 2018, whereas his imprisonment would end on 28 March 2019.

COMPLAINT

The applicant complains under Article 3 of the Convention that the refusal to provide him with dentures free of charge amounted to inhuman treatment.

QUESTION TO THE PARTIES

Did the circumstances and manner of the treatment by the prison authorities of the applicant ’ s condition amount to inhuman or degrading treatment? Reference is made to the refusal to provide the applicant with dentures (see V.D. v. Romania , no. 7078/02, §§ 94-100, 16 February 2010 ).

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