Communicated on 13 May 2019

FIRST SECTION

Application no. 43008/16 Piotr MARCINIAK against Poland lodged on 15 July 2016

STATEMENT OF FACTS

The applicant, Mr Piotr Marciniak , is a Polish national who was born in 1970 and is currently detained in Warsaw – Białołęka Detention Centre.

A. The circumstances of the case

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

1. Conditions of the applicant ’ s detention

On an unspecified date in September 2013 the applicant was extradited from Spain to Poland.

Afterwards, the applicant was detained on remand in several detention centres .

Since 15 July 2014 the applicant has been detained in Warsaw ‑ BiaÅ‚oÅ‚Ä™ka Detention Centre.

Since December 2013 the applicant has been subjected to daily strip searches, every time he leaves and enters his cell and after every visit by his family or his lawyer. The strip searches include a thorough inspection of his body and clothes and require him to strip naked and make deep knee bends in order to enable an examination of his anus.

The applicant lodged multiple complaints concerning the frequency and the necessity of the strip searches (dated 24 June 2015, 22 February and 10 March 2016, as well as on 8, 10 and 12 March and 4 April 2018). On each occasion he was informed by the authorities that the strip searches had been legal.

During the strip searches carried out on 7 and 21 March and on 4 April 2018 the applicant refused to remove his underwear. On those occasions he was handcuffed, forced to submit to the strip search, and punished disciplinarily for disobedience.

On 10 October 2018 the applicant was placed in a single cell. Since then he has been totally isolated from other inmates.

2. Civil proceedings against the State Treasury

On 16 July 2014 the applicant lodged a civil claim against the State Treasury. He requested compensation for inadequate conditions of detention in Warsaw – Białołęka Detention Centre, Bydgoszcz Detention Centre and Siedlce Prison, including, among other things, frequent strip searches.

On 3 December 2018 the Warsaw Regional Court ( Sąd Okręgowy ) dismissed his claim.

B. Relevant domestic law

The relevant domestic law concerning the strip searches is set out in the Court ’ s judgments in the cases of Piechowicz v. Poland (no. 20071/07, §§ 110-111, 17 April 2012) and Horych v. Poland (no. 13621/08, §§ 49-50, 17 April 2012).

COMPLAINT

The applicant complains, in particular under Article 3 of the Convention, that he has been subjected to unjustified, routine, daily and particularly intrusive strip searches. He submits that they amounted to inhuman treatment.

QUESTION TO THE PARTIES

Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention? Reference is made to the applicant ’ s allegation that he has been subjected to routine, daily, and particularly intrusive, strip searches without any apparent justification.