Published on 27 November 2023

FIRST SECTION

Application no. 33987/19 Kamil MADEJSKI against Poland and 6 other applications (see list appended) communicated on 6 November 2023

SUBJECT MATTER OF THE CASE

The applications concern strip searches the applicants had to undergo while imprisoned. None of the applicants were classified as “dangerous detainees” and they lodged applications, complaints and appeals with various bodies of the prison system and the judiciary but all of them were dismissed (details of each application are summarised in the appended table).

The applicants complain, under Articles 3 and 8 of the Convention, that the unjustified strip searches constituted degrading treatment and violated their right to respect for their private lives. They also invoke Article 13 of the Convention, complaining that the prison authorities did not issue a reasoned decision ordering their strip searches which could be appealed against.

QUESTIONS TO THE PARTIES

1. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (see, for example, Roth v. Germany , nos. 6780/18 and 30776/18, §§ 70-72, 22 October 2020)? Reference is made to the applicants’ allegations concerning the circumstances of the strip searches which were carried out without any apparent justification and in some cases were numerous and routine.

2. Do the relevant facts of the applications relating to the strip searches give rise to a violation of the applicants’ right to their private life contrary to Article 8 of the Convention (see, Milka v. Poland , no. 14322/12, §§ 41-50, 15 September 2015; Dejnek v. Poland , no. 9635/13, §§ 70-77, 1 June 2017; and Bojar v. Poland [Committee], no. 11148/18, §§ 8-18, 11 May 2023)?

APPENDIX

No.

Application no. Case name Introduction date

Applicant’s name

Year of birth Place of residence

Place of detention

Alleged number of strip searches

Period in question

Circumstances of strip searches as submitted by the applicant

Domestic remedies used

1.

33987/19

Madejski v. Poland

18/06/2019

Kamil MADEJSKI 1992 Świętochłowice

Strzelce Opolskie Prison no. 1

1

03/03/2019

After a family visit received by the applicant

Complaint (undated) dismissed by the Strzelce Opolskie Prison no. 1 Governor on 11/04/2019. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 31/05/2019.

2.

54643/19

Chmielewski v. Poland

08/10/2019

Krzysztof Remigiusz CHMIELEWSKI 1971 Pyskowice

Sieraków Śląski Prison

unspecified (multiple occasions)

02/08/2018

-

05/10/2018

After every day of work outside of prison

Complaint of 09/08/2018 to the Częstochowa Penitentiary Court - proceedings discontinued on 13/11/2018. The applicant’s interlocutory appeal against that last decision dismissed by the Katowice Court of Appeal on 06/02/2019 (decision served on the applicant on 10/09/2019).

Request of 08/10/2018 for launching a criminal investigation into the events. Proceedings instituted by the Lubliniec District Prosecution Service on 27/11/2018 and then discontinued on 26/02/2019 (decision served on the applicant no earlier than on 21/05/2019).

3.

56651/19

Kozina v. Poland

11/10/2019

Rafał KOZINA 1961 Wrocław

Strzelce Opolskie Prison no. 1

1

12/05/2019

After a visit received by the applicant

Complaint of 28/05/2019 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 07/09/2019. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 01/08/2019.

4.

30143/20

Piasecki v. Poland

06/07/2020

Adrian PIASECKI 1994 Gorlice

Strzelce Opolskie Prison no. 1

Wojkowice Prison

264

13/09/2018

-

03/03/2020

Each time before leaving and on admission to both prisons; after every day of work in the Wojkowice Prison, after several days of work in the Strzelce Opolskie Prison no. 1, after every received visit; during general controls every 6 months.

Complaint of 01/03/2020 to the Wojkowice Prison Governor dismissed on 18/03/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service of 30/03/2020 (no reply to that appeal was submitted by the applicant).

Complaint of 03/03/2020 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 12/03/2020. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 05/05/2020.

5.

37976/20

Olczykowski v. Poland

18/08/2020

Mateusz OLCZYKOWSKI 1984 Tarnow

Piotrków Trybunalski Remand Centre Sieradz Prison Łódź Remand Centre Strzelce Opolskie Prison no. 1 Opole Lubelskie Prison

112

07/03/2003

-

14/06/2017

On admission to and before leaving each facility; after received visits; during general controls.

Complaint of 23/12/2019 dismissed by the Lublin Regional Inspectorate of the Prison Service on 02/03/2020. Complaints of 20/01/2020, 27/01/2020 and 28/01/2020 dismissed by the Łódź Regional Inspectorate of the Prison Service on 03/03/2020. Complaint of 06/02/2020 dismissed by the Opole Regional Inspectorate of the Prison Service on 17/03/2020.

6.

54988/20

Nowak v. Poland

21/01/2021

Adrian Marek NOWAK 1993 Łódź

Łódź Remand Centre

49

20/02/2018

-

15/09/2020

After coming back from court hearings; after every received visit.

Complaint of 02/10/2020 to the Łódź Regional Inspectorate of the Prison Service dismissed on 09/11/2020. Appeal to the Central Board of the Prison Service dismissed on 15/12/2020.

7.

4632/21

Bisiorek v. Poland

07/12/2020

Marcin BISIOREK 1981 Ruda ÅšlÄ…ska

Herby Prison Katowice Remand Centre Dębica Prison Tarnów Prison Strzelce Opolskie Prison no. 1 Radom Remand Centre Rzeszów Prison Kraków Remand Centre

165

05/05/2003

-

30/07/2020

On admission to and before leaving each facility; after received visits; during general controls.

Complaint of 18/08/2020 to the Director of the Kraków Remand Centre dismissed on 04/09/2020. Appeal to the Kraków Regional Inspectorate of the Prison Service dismissed on 02/11/2020. Complaint of 18/08/2020 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 25/08/2020. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 23/10/2020. Complaint of 18/08/2020 to the Director of the Radom Remand Centre dismissed on 04/09/2020. Appeal to the Warsaw Regional Inspectorate of the Prison Service dismissed on 12/11/2020. Complaint (undated) to the Director of the Katowice Remand Centre dismissed on 21/08/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service dismissed on 19/10/2020. Complaint (undated) to the Herby Prison Governor dismissed on 21/09/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service dismissed on 30/10/2020.Complaint (undated) to the Tarnów Prison Governor dismissed on 03/09/2020. Appeal to the Kraków Regional Inspectorate of the Prison Service dismissed on 03/10/2020. Complaint of 18/08/2020 to the Rzeszów Prison Governor dismissed on 02/09/2020. Appeal to the Rzeszów Regional Inspectorate of the Prison Service dismissed on 02/11/2020. Complaint of 20/08/2020 to the Dębica Prison Governor dismissed on 07/09/2020. Appeal to the Rzeszów Regional Inspectorate of the Prison Service dismissed on 02/11/2020.