Published on 6 December 2021

FIRST SECTION

Application no. 45519/20 Michał Marcin GUHN against Poland lodged on 21 September 2020 communicated on 17 November 2021

STATEMENT OF FACTS

1. The applicant, Mr Michał Marcin Guhn, is a Polish national, who was born in 1983 and is detained in Gliwice Remand Centre.

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

3. The applicant is a prisoner who was committed to Brzeg Prison and, on an unspecified date, transferred to Gliwice Remand Centre.

4. The applicant is married and has three children who are minors (16, 14 and 10 years old). The applicant submits that he has a close relationship with his children and that, since 28 April 2020, he has not been able to receive visits from them.

5. In March 2020 a general ban on family visits was introduced in the applicant’s prison facilities (Brzeg Prison and Gliwice Remand Centre) based on the prison governors’ orders issued in connection with the Covid ‑ 19 pandemic. The order was based on Section 13 (1) and (3) of the 2010 Law on Prison Services ( Ustawa o SÅ‚użbie WiÄ™ziennej ), Article 247 § 1 of the Code of Enforcement of Prison Sentences ( Kodeks karny wykonawczy ) and Section 1 of the Minister of Health’s Ordinance of 20 March 2020 on the State of the Pandemic ( RozporzÄ…dzenie Ministra Zdrowia w sprawie ogÅ‚oszenia na obszarze Rzeczypospolitej Polskiej stanu epidemii - “the 2020 Health Minister’s Ordinance”).

6. As regards Brzeg Prison, from 30 July until 24 October 2020 prisoners could receive restricted family visits, namely one hour-long visit from one adult family member, once a month. Covid-19 safety measures had to be respected during visits. On 24 October 2020 a new general ban on family visits was introduced, based on the prison governor’s order (dated 23 October 2020) in connection with the Covid-19 pandemic. It appears that, starting on 14 June 2021, prisoners could receive restricted family visits, namely visits from children and a maximum of two adult family members.

7. As regards Gliwice Remand Centre, the general ban on family visits was continually extended by subsequent orders of the remand centre’s governor until 30 May 2021. From 1 to 13 July 2021 prisoners could receive restricted family visits, namely the socially-distanced visit of one adult family member. On 14 June 2021 visits were extended to children and a maximum of two adult family members.

8. On an unspecified date the applicant applied to the governor of Gliwice Remand Centre, asking for authorisation of a visit from his three children.

9. On 24 July 2020 the prison governor rejected this application. A copy of this decision has not been submitted to the Court. As established by the Regional Court (see paragraph 11 below), this decision did not contain any reasoning.

10. The applicant appealed. A copy of this document has not been submitted to the Court.

11. On 9 September 2020 the Gliwice Regional Court ( Sąd Okręgowy ) rejected the applicant’s appeal, observing that the restriction of visits from children was necessary to limit the spread of Covid-19 in prison facilities.

COMPLAINT

The applicant complains that the long-lasting prohibition of prison visits from his children was in breach of his right to respect for his private and family life guaranteed by Article 8 of the Convention.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right to respect for his private and family life, contrary to Article 8 of the Convention (see, mutatis mutandis , Kuimov v. Russia , no. 32147/04, § 103, 8 January 2009)?