Communicated on 26 May 2015

FOURTH SECTION

Application no. 63418/14 Marcin KUCHARSKI against Poland lodged on 4 September 2014

STATEMENT OF FACTS

The applicant, Mr Marcin Kucharski , is a Polish national, who was born in 1978 and is detained in Warsaw . He is represented before the Court by Mr R. Rynkun ‑ Werner , a lawyer practising in Warsaw .

A. The circumstances of the case

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

On 25 October 2009 the applicant was arrested on suspicion of trading in drugs in an organised criminal group.

On 30 October 2009 the Warsaw District Court decided to detain the applicant on remand.

On 27 October 2009 the Warsaw Remand Centre Penitentiary Commission ( Komisja Penitencjarna ) (“the commission”) classified the applicant as a “dangerous detainee”. Every three months the commission repeatedly reviewed and upheld its decision classifying the applicant as a “dangerous detainee”.

All of the applicant ’ s appeals against the decisions extending the imposition of the “dangerous detainee” regime on him were unsuccessful.

On 3 April 2014 the applicant was released from the detention.

B. Relevant domestic law and practice

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 lengthy imposition on him of the “dangerous detainee” regime .

QUESTION TO THE PARTIES

Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant from 27 October 2009 to 3 April 2014 , 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 a copy of the relevant decision imposing the regime on the applicant , further decisions concerning application of the regime and a decision ordering the applicant ’ s release .