Communicated on 17 December 2019

FIRST SECTION

Application no. 75758/17 Ryszard LIPCZYŃSKI against Poland lodged on 19 October 2017

STATEMENT OF FACTS

The applicant, Mr Ryszard Lipczyński , is a Polish national, who was born in 1979 and is detained in Opole Lubelskie .

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

The applicant was detained in Lublin Remand Centre from 29 May 2006 to 18 November 2008 and from 18 March 2009 to 30 November 2009.

The applicant submits that the cells were overcrowded – available space per one inmate was lower than 3 sq. m.

On 10 August 2011 the applicant lodged a civil claim against the State Treasury, requesting compensation for, in particular, overcrowding.

On 13 May 2015 the Lublin Regional Court dismissed the claim. The court found that the applicant ’ s claim as to the events before 10 August 2008 was time-barred. With respect to the subsequent period, the court established that prior to 1 December 2009 the applicant had been held in overcrowded cells. Nevertheless, it dismissed the claim for compensation. The applicant appealed.

On 13 April 2016 the Lublin Court of Appeal dismissed the applicant ’ s appeal.

On 27 March 2017 the Supreme Court refused to entertain the applicant ’ s cassation appeal.

The applicant was exempted from court fees and he was not asked to reimburse any costs of the proceedings.

The relevant domestic law and practice concerning conditions of detention, and in particular overcrowding, are set out in the Court ’ s judgment in the case of Orchowski v. Poland , no. 17885/04, §§ 74-76, 22 October 2009.

COMPLAINTS

The applicant complains under Article 3 of the Convention that he was held in overcrowded cells.