FOURTH SECTION

DECISION

Application no. 632/03
by Radosław MAZAK
against Poland

The European Court of Human Rights (Fourth Section), sitting on 27 November 2007 as a Chamber composed of:

SirNicolas Bratza, President,
MrJ. Casadevall,
MrG. Bonello,
MrK. Traja,
MrS. Pavlovschi,
MrL. Garlicki,
MsL. Mijović, judges,
and Mr T.L. Early, Section Registrar,

Having regard to the above application lodged on 25 November 2002,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Radosław Mazak, is a Polish national who was born in 1971 and lives in Pszczyna. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The circumstances of the case

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

1. The criminal proceedings against the applicant

The applicant was arrested on 30 November 2001. On 1 December 2001 the Pszczyna District Court ordered his detention on remand until 29 February 2002 on suspicion of numerous counts of fraud and possession of drugs. It held that there was a risk that the applicant would obstruct the proceedings by exerting pressure on witnesses. It further had regard to the likelihood that the applicant would be given a heavy sentence.

During the investigation and the trial the District Court prolonged the applicant’s detention several times. The relevant decisions were given on 22 February 2002 (prolonging his detention until 28 May 2002), on 23 May 2002 (extending his detention up to 28 August 2002) and on 21 August 2002 (ordering his continued detention until 28 November 2002). The District Court relied, in addition to the grounds previously invoked, on the need to obtain further evidence and the fact that the applicant had been previously convicted. It appears that the applicant’s detention was prolonged on further unspecified dates.

On an unspecified date during the investigation the press officer of the Pszczyna police published an article in a local newspaper which described the charges against an unidentified resident of Pszczyna and his modus operandi.

On 28 June 2002 the Pszczyna District Prosecutor filed a bill of indictment with the District Court. The applicant was charged with numerous counts of fraud and perjury, and possession of drugs.

On 27 October 2003 the District Court prolonged the applicant’s detention until 28 December 2003.

On 19 November 2003 the District Court convicted the applicant and sentenced him to a period of imprisonment. The applicant appealed against that judgment. On 28 July 2004 the Katowice Regional Court upheld the first-instance judgment. The applicant did not produce copies of those judgments. It appears that the applicant filed a cassation appeal with the Supreme Court and that the proceedings are pending.

Between 3 January 2002 and 3 July 2002, and also between 11 December 2002 and 11 December 2003 the applicant served a prison sentence which had been imposed on him in another set of proceedings.

2. The alleged censorship of the applicant’s correspondence

On 9 January 2003 the Pszczyna District Court sent a letter to the applicant in reply to his query. The applicant was informed that his correspondence was being