Communicated on 9 February 2017

FOURTH SECTION

Application no. 60537/15 Leszek ORŁOWSKI against Poland lodged on 4 November 2015

STATEMENT OF FACTS

The applicant, Mr Leszek Orłowski , is a Polish national who was born in 1977 and is currently detained in Poznań .

A. The circumstances of the case

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

1. Application of “dangerous detainees” regime

On 26 November 2009 the applicant was charged with an unspecified offence and remanded in custody at the Warsaw Remand Centre.

On 27 November 2009 the Warsaw Remand Centre Prison Commission (“the Commission”) classified the applicant as a “dangerous detainee”.

The applicant states that this regime was extended every three months, but he did not appeal as, in his opinion, this did not constitute an effective remedy.

On 23 July 2015 the Commission extended the regime for a further three months. The applicant lodged a complaint against that extension. On 14 October 2015 the Warsaw Regional Court upheld the decision on the grounds of the applicant having been charged with committing offences as a member of an organised crime group, his lack of decent character and the fact that the applicant had recently been punished for a breach of discipline at the Remand Centre.

At the date of the last information available to the Court (25 October 2016), the applicant was still classified as a “dangerous detainee”.

2. Criminal proceedings

On 26 October 2012 the applicant was charged on six counts of burglary, two counts of fraud and one count of extortion. The bill of indictment was lodged on 29 March 2013.

The Mińsk Mazowiecki District Court ( Sąd Rejonowy ) held hearings on 17 September and 14 November 2013, and on 9 January, 18 March, 12 June and 30 September 2014. On 7 October 2014 the applicant was convicted of fraud and extortion and sentenced to one year and three months of imprisonment.

On 6 March 2015 the Siedlce Regional Court ( Sąd Okręgowy ) quashed that judgment and remitted the case.

At the date of the last information available to the Court (25 October 2016), the proceedings were still pending before the Mińsk Mazowiecki District Court.

On 4 January 2016 the applicant lodged a complaint with the Siedlce Regional Court under section 5 of the Law of 17 June 2004 on complaints regarding a breach of the right to an investigation conducted or supervised by a prosecutor and to a trial within a reasonable time ( Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu przygotowawczym prowadzonym lub nadzorowanym przez prokuratora i postępowaniu sądowym bez nieuzasadnionej zwłoki ) (“the 2004 Act”). He claimed that the proceedings had commenced in 2012 and were still pending. He sought an acknowledgement that the proceedings had been too lengthy and just satisfaction in the amount of 100,000 Polish zlotys (approximately 25,000 euros).

On 26 February 2016 the Siedlce Regional Court rejected the complaint, stating that the applicant had failed to indicate any circumstances justifying his claim.

B. Relevant domestic law

The relevant domestic law and practice concerning the imposition of “dangerous detainee” status are set out in the Court ’ s judgments in the cases of Piechowicz v. Poland (no. 20071/07, §§ 105-117, 17 April 2012) and Horych v. Poland (no. 13621/08, §§ 44-56, 17 April 2012).

COMPLAINTS

The applicant complains under Article 3 of the Convention about the imposition of a lengthy “dangerous detainee” regime and under Article 6 § 1 of the Convention of the unreasonable length of the criminal proceedings against him.

QUESTIONS TO THE PARTIES

1. Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant since 27 November 2009, was he subjected to treatment contrary to Article 3 of the Convention? The parties are requested to refer in their observations to the principles established by the Court in the leading case of Piechowicz v. Poland (no. 20071/07, 17 April 2012).

2. Having regard to the Court ’ s pilot judgment in the case of Rutkowski and Others v. Poland (nos. 72287/10, 13927/11 and 46187/11, 7 July 2015) and its finding that excessive length of judicial proceedings in Poland has disclosed a systemic problem, was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

The Government are invited to submit a copy of the decision of 27 November 2009 and of the following decisions of the Warsaw Remand Centre Prison Commission.