Communicated on 7 July 2016

FOURTH SECTION

Application no. 23887/15 Artur KARP against Poland lodged on 9 June 2015

STATEMENT OF FACTS

The applicant, Mr Artur Karp, is a Polish national, who was born in 1972 and is detained in Warsaw.

A. The circumstances of the case

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

Between 2002 and 2013 the applicant served a prison sentence. He was never been punished for disciplinary offences, and he received rewards for good behaviour. The applicant was released in February 2013.

On 15 October 2013 the applicant was detained on remand on unspecified charges.

On 18 October 2013 the Warsaw Remand Centre Penitentiary Commission (“the commission”) classified the applicant as a “dangerous detainee”.

Subsequently every three months the commission reviewed and confirmed its decision classifying the applicant as a “dangerous detainee”.

The applicant lodged complaints against many decisions of the commission with the Warsaw Regional Court; however, his appeals were dismissed. In its decisions the Warsaw Regional Court considered that the grounds for imposing and extending the regime had remained valid. In particular the court refereed to his lack of moral character.

On 31 May 2016 the Remand Centre Penitentiary Commission revoked its decision to classify the applicant as a “dangerous detainee”. The applicant remains detained pending trial.

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).

COMPLAINT

The applicant complains under Article 3 of the Convention about imposition on him of a lengthy “dangerous detainee” regime.

QUESTION TO THE PARTIES

Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant since 15 October 2013, has he been subjected to treatment contrary to Article 3 of the Convention? The parties are requested to refer in their observations to the leading judgment of Piechowicz v. Poland , no. 20071/07, 17 April 2012.

The Government are invited to submit the missing documents: the decision of 18 October 2013 and the following decisions of the Warsaw Remand Centre Penitentiary Commission as well as the decisions of the Warsaw Regional Court dismissing his appeals.