Communicated on 27 August 2014

FOURTH SECTION

Application no. 60813/11 Tomasz RADYM against Poland lodged on 2 September 2011

STATEMENT OF FACTS

The applicant, Mr Tomasz Radym , is a Polish national, who was born in 1968 and is currently detained in Cieszyn Prison .

A. The circumstances of the case

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

On 3 June 2009 the applicant was charged with two counts of drug trafficking. On the same date the Katowice-Wschód District Court remanded him in custody relying on the reasonable suspicion that he had committed the offences in question .

On an unspecified date in 2009 the applicant was additionally charged with participation in an organised criminal group.

The applicant ’ s detention on remand was subsequently extended by the decisions of the Katowice Regional Court and the Katowice Court of Appeal.

At the relevant time, by the decision of 26 May 2011 the Katowice Court of Appeal prolonged the applicant ’ s detention on remand until 30 August 2011.

This decision was upheld by the Katowice Court of Appeal on 6 July 2011. The court noted that during the whole period of the applicant ’ s detention on remand he was simultaneously serving prison sentences imposed in separate sets of criminal proceedings against him. In view of the fact that the applicant was at that time serving a cumulative sentence of 8 years and 6 months of imprisonment which was to end on 31 March 2015, the Court of Appeal considered that the reasonableness of his detention on remand should be re-examined as soon as the trial court heard his statement.

On 29 July 2011 the applicant ’ s 17-year old son died.

At that time the applicant was detained in Cieszyn Prison.

He applied for leave from prison to attend the fu neral, which was scheduled for 10 August 2011 .

On 9 August 2011 the Penitentiary Judge of the Bielsko-Bia ł a Regional Court ( sędzia penitencjarny ), granted the applicant a compassionate leave to attend the funeral, under prison officers ’ escort. According to the applicant a similar permission was given by the Katowice Regional Court at whose disposal he was remaining at that time due to his detention on remand.

The applicant was informed of these decisions orally by a prison officer.

On 10 August 2011, that is on the date of the funeral, the applicant was informed by prison officers about the specific conditions of his attendance of the funeral. He was told that he should wear handcuffs and joined shackles on his hands and legs and he should be under escort of three prison officers , uniformed and fully armed with guns and truncheons. He was also informed that he could not accompany his wife and daughter during the funeral procession and would have to remain in the escort car until the arrival of the procession.

The applicant decided not to attend the funeral after he had learned about the conditions of his attendance. He believed that his appearance under these conditions would create disturbance during the ceremony, in particular since it was supposed to be attended by students from his late son ’ s school. He was also concerned that this would be to the detriment of his 13-year old daughter.

The applicant claims that his detention on remand was lifted on 10 August 2011.

The applicant submits that the written decision of the penitentiary judge was served on him on 13 September 2011. The decision only stated that the applicant was allowed to attend his son ’ s funeral under escort. It did not contain any reasoning. It also did not mention whether he would have to wear joined shackles or how should the escort be organised.

The applicant did not appeal against this decision because he considered it purposeless, given the fact that the funeral had already taken place.

B. Relevant domestic law and practice

The relevant provisions of the Code of Execution of Criminal Sentences read as follows:

Article 141a :

“ § 1. In cases of particular importance for a convicted person, he or she may be granted permission to leave prison for a period not exceeding five days, if necessary under the escort of a prison officer or in the company of another trustworthy person ( osoba godna zaufania ).

Article 217d:

“Granting leave described in Article 141a § 1 to a person detained on remand requires obtaining permission from the authority at whose disposal the detainee remains.

Section 19 § 1 of the Law on Prison Service ( Ustawa o służbie więziennej ) of 9 April 2010 (as applicable at the material time) listed various coercive measures that could be used by prison officers including handcuffs and joined shackles ( prowadnice) .

COMPLAINT

The applicant complains under Article 8 of the Convention, that he was not allowed to attend his son ’ s funeral without the prison officers ’ escort . He further alleges that the decision to grant him leave under escort deprived him of an effective possibility to participate in the funeral, due to the disproportionately severe and humiliating safety measures imposed.

QUESTION TO THE PARTIES

Did the imp osition of the conditions on the applicant ’ s atten ding the funeral of his son deprive the applicant of the effective possibility to attend the funeral and, if so, did the circumstances of the case give rise to a breach of Article 8 of the Convention?