Communicated on 12 October 2017

FIRST SECTION

Application no. 62697/16
Monika KARPIUK
against Poland
lodged on 19 October 2016

STATEMENT OF FACTS

The applicant, Ms Monika Karpiuk, is a Polish national who was born in 1980 and lives in Warsaw. She is represented before the Court by Mr J. Golonka, a lawyer practising in Warsaw.

A. The circumstances of the case

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

In 2003 the applicant was diagnosed with a major depressive disorder. In 2004 she started psychiatric treatment.

In 2007 she was charged with participating in an organised criminal group dealing in liquid fuels. The criminal proceedings against the members of the group have been pending before the Lublin Regional Court since 2007.

In a report of 5 June 2015 a psychiatrist stated that the applicant could not participate in the proceedings because of suicidal tendencies caused by the impact of negative memories.

On 4 April 2016 the applicant informed the Lublin Regional Court that she would not be present at a hearing due on 6 April 2016 as she had been admitted to the Warsaw Institute of Psychiatry and Neurology. She also asked the court to adjourn the hearing and submitted a medical certificate.

On 6 April 2016 the Lublin Regional Court decided to detain her and a co-accused, J.G., on remand for three months, until 6 June 2016. The court referred to the existence of a reasonable fear that the applicant might obstruct the proceedings. It noted that the applicant and J.G. had already on several occasions presented medical certificates with requests to adjourn the case. The court held that, according to information from the institute, it had already been clear on 2 February 2016 that the applicant would be staying there. With reference to the opinion of 5 June 2015, the court appointed a psychiatrist, M.M., who stated that the applicant could participate in the proceedings. The court found that the applicant’s problems would require constant medical treatment, including hospitalisation, which, in conjunction with requests to adjourn the case, w