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BORDARYCKI v. POLAND

Doc ref: 43931/19 • ECHR ID: 001-214275

Document date: November 17, 2021

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 2

BORDARYCKI v. POLAND

Doc ref: 43931/19 • ECHR ID: 001-214275

Document date: November 17, 2021

Cited paragraphs only

Published on 6 December 2021

FIRST SECTION

Application no. 43931/19 Łukasz BORDARYCKI against Poland lodged on 6 August 2019 communicated on 17 November 2021

SUBJECT MATTER OF THE CASE

The application concerns the lengthy imposition (1 year, 7 months, 19 days) of the “dangerous detainee” regime with regard to the applicant in Poznań Detention Centre. The applicant complains under Article 3 of the Convention.

QUESTION TO THE PARTIES

Was the applicant subjected to treatment contrary to Article 3 of the Convention as a result of “dangerous detainee” regime imposed on him between 26 August 2018 and 14 April 2020 in Poznań Detention Centre (see Piechowicz v. Poland (no. 20071/07, 17 April 2012)?

In particular, did the cumulative effect of measures such as daily strip ‑ searches in monitored rooms and while other prisoners were present, constant monitoring of toilets and baths, use of joined shackles ( kajdanki zespolone ) and the fact that during family visits he was separated from members of his family by glass, amount to a breach of Article 3 of the Convention?

The Government are invited to provide copies of all decisions of the prison commissions concerning the imposition, extension, and lifting of the “dangerous detainee” regime with regard to the applicant and copies of the domestic courts’ decisions issued as a result of examination of the applicant’s appeals (except for the Poznań Regional Court’s decisions of 31 May and 19 August 2019 cases no. V Kow 2814/19 and V Kow 4473/19 respectively).

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