Communicated on 7 July 2014

FOURTH SECTION

Application no. 35681/13 Leszek ORŁOWSKI against Poland lodged on 14 May 2013

STATEMENT OF FACTS

The applicant, Mr Leszek Orłowski, is a Polish national, who was born in 1977 and is currently detained in the W arszawa-Mokot ó w Remand Centre .

A. The circumstances of the case

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

1. Criminal proceedings against the applicant

On 27 November 2009 the applicant was arrested on unspecified charges and detained on remand . It appears that he was convicted on an unknown later date.

The applicant has been detained in the Warsaw Remand Centre subsequently in Poznan Remand Centre and then again in the Warsaw Remand Centre.

2. Imposition of the so-called “dangerous detainee” regime

On 27 November 2009 the Warsaw Remand Centre Penitentiary Commission (“the commission”) classified the applicant as a “dangerous detainee”. The commission referred to the nature of charges against the applicant. The commission reviewed, and upheld its decision classifying the applicant as a “dangerous detainee” on several occasions.

The applicant appealed against at least some of the decisions in question. In particular, on 2 October 2013 the Warsaw Regional Court dismissed his appeal. The court held that the decision had been lawful.

3. Civil proceedings for compensation

On 28 October 2011 the applicant sued the State Treasury for compensation for alleged damage resulting from inadequate living conditions in special ward of the Warsaw Remand Centre between 27 November 2009 and 8 March 2011 ( in particular, cells deprived of fresh air and without proper ventilation).

On 30 October 2012 the Warsaw Regional Court dismissed his claim. The court held that the conditions of detention in the special ward had been correct and that the cells had been adequately ventilated.

The applicant appealed.

On 6 September 2013 the Warsaw Court of Appeal upheld the first instance judgment.

It appears that the applicant did not lodge a cassation appeal.

4. Particular aspects of the regime

The applicant submits that the cell in the Warsaw Remand Centre was deprived of fresh air and natural light. The cell was equipped with a sanitary annex which was not separated from the rest of the cell. He was subjected to a body search every time he left and entered the cell, which in practice meant that he had to strip naked in front of prison officers.

B. Relevant domestic law and practice

The relevant domestic law and practice concerning the imposition of “dangerous detainee” regime 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 that the imposition of the “dangerous detainee” regime on him amounted to inhuman and degrading treatment and was in breach of this provision

QUESTION TO THE PARTIES

Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant since 27 November 2009, 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 decision of 27 November 2009 imposing the “dangerous detainee” regime on the applicant and subsequent decisions extending the application of the regime ;

- copies of judgments relating to criminal proceedings against the applicant.