Communicated on 2 November 2015

FOURTH SECTION

Application no. 10940/12 Wioleta STEFAŃSKA against Poland lodged on 8 February 2012

STATEMENT OF FACTS

The applicant, Ms Wioleta Stefańska , is a Polish national, who was born in 1987 and lives in Jastrzębie Zdrój .

A. The circumstances of the case

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

During the night hours of 15 April 2011 the applicant ’ s neighbours called the police complaining about noise coming out from her flat. On the police officers arrival, the applicant was allegedly aggressive towards them and failed to show her identity document. Consequently, they took her from her flat and brought her to the Wrocław sobering-up centre . In the sobering-up centre she underwent a breathalyser test which showed an alcohol level of 0.4 mg/l in her breath. Despite her request, the test was not repeated. The applicant was detained for 8 hours in the sobering-up centre . She claims that she did not get anything to drink and she could not have used the toilet. On her release she was not tested again for alcohol level.

On 21 April 2011 the applicant filed an appeal with the Wrocław District Court contesting the lawfulness of her detention in the sobering-up centre .

On 8 August 2011 the Wrocław District Court dismissed her complaint and declared the applicant ’ s detention in the sobering-up centre reasonable, lawful and correct, pointing that it was justified by the circumstances of the case: her aggressive behaviour towards the police officers and other persons and her level of intoxication. The court noted that the applicant had an alcohol level of 0.5 mg/l in her breath. The court also referred to the fact that on 1 July 2011 the applicant was convicted of a petty offence (failure to disclose her identity and disturbing the public order).

Meanwhile, the applicant requested the Wrocław District Prosecutor to institute criminal proceedings against the police officers who had arrested her on 15 April 2011. On 28 September 2011 the Wrocław District Prosecutor discontinued the investigation. On 6 December 2011 the Wrocław District Court dismissed the applicant ’ s complaint and upheld the prosecutor ’ s decision.

B. Relevant domestic law and practice

The Law of 26 October 1982 on Education in Sobriety and the Fight against Alcoholism ( Ustawa o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi ) (“1982 Law”), concerns, inter alia, detention of intoxicated persons who disturb public order.

Section 40 § 1 of the 1982 Law, as applicable at the material time, provided:

“Intoxicated persons who behave offensively in a public place or a place of employment, are in a condition endangering their life or health, or are themselves endangering other persons ’ life or health, may be taken to a sobering-up centre or a public health-care establishment, or to other relevant institution created or indicated by the local government or to their place of residence.”

Under section 40 § 3 (a) and (b), as applicable at the material time, a person arrested and detained under the provisions of the Law for the purposes of sobering-up was entitled to request a court to examine retrospectively the lawfulness of such detention. Such a request was to be submitted to the district court in the jurisdiction of which the person was either arrested or detained. The court had to examine such a request within 7 days. The provisions of the Code of Criminal Procedure applied to these proceedings.

COMPLAINT

The applicant complains under Article 5 § 1 of the Convention that her detention in the sobering-up centre was unlawful. She claims that she was arrested in her own flat, she did not cause any public disturbance and that her level of intoxication did not justify applying such an extreme measure to her.

QUESTION TO THE PARTIES

Was the applicant deprived of her liberty in breach of Article 5 § 1 of the Convention? In particular, did the deprivation of liberty fall within paragraph (e) of this provision (see Witold Litwa v. Poland , no. 26629/95, ECHR 2000 ‑ III)?