Published on 20 December 2021

FIRST SECTION

Application no. 15150/21 Wiesław Krzysztof BORYSEWICZ against Poland lodged on 9 March 2021 communicated on 1 December 2021

STATEMENT OF FACTS

The applicant, Mr Wiesław Krzysztof Borysewicz, is a Polish national who was born in 1962 and is detained in Wołów.

The circumstances of the case

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

The applicant has suffered from moderate physical disability since at least 26 May 2017. He was detained in KÅ‚odzko prison at least from 1 February 2019 until an unspecified date in 2020.

According to the applicant, during that period he was, on three occasions (from 16 February 2016 to 23 February 2016; from 10 January 2017 to 24 January 2017 and from 11 January 2019 to 21 January 2019), placed in isolation cells. The applicant submits that the conditions in these cells were bad (the cells were infested with rats, improperly ventilated and heated, and he was given no adequate clothes for the winter season). He further alleges that in those cells he was under constant video-surveillance by two CCTV cameras; and the toilet facilities were not separated from the rest of the cell, rendering the applicant visible at all times through a cell-door peephole.

The applicant also states that the prison authorities failed to secure the blood samples necessary for his admission to hospital on 19 November 2018 for a scheduled hip replacement surgery. The applicant submits that, as a result, his admission was refused, and he was struck out of the waiting list for surgery.

On 15 January 2019 the applicant filed a claim for compensation against the State Treasury for the conditions of his detention and neglect in his healthcare. He also applied for a legal aid lawyer and an exemption from paying the applicable court fee. He claimed 70,000 Polish zlotys (PLN) and a monthly pension of PLN 3,000 until his full recovery.

On 6 August 2019 the Świdnica Regional Court partly allowed his request and exempted the applicant from the obligation to pay the court fee over the amount of PLN 150. The court noted that, while the applicant had no savings, he had failed to request the opportunity to work and thus deprived himself of the possibility of earning the necessary funds to cover the court fee. The court further relied on the fact that the applicant had received PLN 50 on his account in 2019 which he could use to cover the fee “at least partially”. The court concluded that the applicant should be able to pay the court fee of PLN 150.

The applicant appealed, submitting that there was no point in attempting to find work in prison, as there were no positions suitable for persons with his disability. He further stated that he was homeless and had no property whatsoever.

On 22 January 2020 the WrocÅ‚aw Court of Appeal upheld the first ‑ instance decision.

On 16 October 2020 the court returned the applicant’s statement of claim.

COMPLAINTS

The applicant complains under Article 3 of the Convention of the conditions of his detention and the neglect of his healthcare.

He further complains under Article 6 § 1 of the Convention that his right of access to a court was breached as the court denied his request for exemption from the court fee.

QUESTIONS TO THE PARTIES

1. Did the conditions in KÅ‚odzko Prison and the healthcare provided to the applicant throughout his imprisonment amount to inhuman or degrading treatment, in breach of Article 3 of the Convention?

2. The Government are invited to produce the documents regarding the conditions of the applicant’s detention and healthcare provided to him in Kłodzko Prison as from 1 February 2019.

3. Was the applicant’s right of access to a court, guaranteed by Article 6 § 1 of the Convention, violated in the present case? Reference is made to the fact that the civil courts refused to grant the applicant an exemption sought from the obligation to pay the court fee.