Published on 14 November 2022
FIRST SECTION
Application no. 73964/17
Boris AVETISYAN against Poland
and 8 other applications
(see list appended)
communicated on 25 October 2022
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”.
The applicants lodged applications, complaints and appeals with various bodies of the prison system and the judiciary but all of them were dismissed.
The applicants essentially complain, under Article 3 of the Convention, that the unjustified strip searches constituted degrading treatment, and under Article 8, that they violated their right to respect for their private lives.
Details of each application are summarised in the appended table.
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 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, and Dejnek v. Poland, no. 9635/13, §§ 70-77, 1 June 2017)?
APPENDIX
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Place of residence
Nationality
Place of detention
Alleged number of strip searches
Period in question
Circumstances of strip searches as submitted by the applicant
Domestic remedies used
1.
73964/17
Avetisyan v. Poland
10/10/2017
Boris AVETISYAN
1976
Iława
Armenian
Strzelce Opolskie Prison no. 1
Sieradz Prison
130
05/03/2012 - 07/01/2018
After every visit received by the applicant
Complaint of 02/07/2017 to the Opole Regional Inspectorate of the Prison Service – dismissed on 11/09/2017.
2.
47321/18
Ścisło v. Poland
02/10/2018
Rafał ŚCISŁO
1980
Strzelce Opolskie
Polish
Strzelce Opolskie Prison no. 1
48
28/05/2018 - 30/09/2019
After coming back from work, with irregular intervals.
Complaint of 07/06/2018 to the Opole Regional Inspectorate of the Prison Service – dismissed on 25/07/2018.
Complaint of 04/11/2019 to the Strzelce Opolskie Prison no. 1 Governor – dismissed on 08/11/2019. Appeal to the Opole Regional Inspectorate of the Prison Service – dismissed on 14/01/2020.
3.
22286/19
Michalski v. Poland
09/04/2019
Oskar MICHALSKI
1983
Strzelce Opolskie
Polish
Strzelce Opolskie Prison no. 1
4
15/11/2018 - 29/12/2018
After coming back from work
Complaint of 31/12/2018 to the Opole Regional Inspectorate of the Prison Service – dismissed on 19/02/2019.
4.
24637/19
Zakrzewski v. Poland
29/04/2019
Łukasz ZAKRZEWSKI
1986
Zabrze
Polish
Strzelce Opolskie Prison no. 1
1
15/11/2018
Before going to work
Complaint of 11/12/2018 to the Opole Regional Inspectorate of the Prison Service – dismissed on 01/02/2019.
5.
51339/19
Polaczek v. Poland
25/09/2019
Tomasz POLACZEK
1980
Strzelce Opolskie
Polish
Herby Prison
unspecified (multiple occasions)
13/05/2016 - 21/03/2019
After every received visit, after every day of work between 30/11/2017 and 21/03/2019
On 17/07/2019 the applicant requested the Herby Prison Governor to provide him with copies of strip searches reports. In the response dated 05/08/2019 the Governor informed him that no records had been kept. On 14/08/2019 the applicant sent a complaint to the Częstochowa Penitentiary Court - dismissed on 26/08/2019.
6.
10768/20
Maksymiuk v. Poland
17/02/2020
Marcin Stanisław MAKSYMIUK
1980
Żory
Polish
Gliwice Remand Centre
1
10/03/2019
After a family visit received by the applicant
Complaint of 14/10/2019 – dismissed by the Katowice Regional Inspectorate of the Prison Service on 04/12/2019.
7.
26109/20
Kraj v. Poland
15/06/2020
Maciej KRAJ
1997
Hrubieszów
Polish
Zamość Prison
1
12/07/2019
After a family visit received by the applicant
Complaint of 05/10/2019 dismissed by the Zamość Prison Governor. Appeal to the Lublin Regional Inspectorate of the Prison Service – dismissed on 19/02/2020.
8.
26132/20
Czarniecki v. Poland
18/06/2020
Paweł CZARNIECKI
1992
Cieszanów
Polish
Uherce Mineralne Prison
2
09/12/2018
Before and after one family visit
Request for launching a criminal investigation into the events - refused on 14/01/2019. After the applicant’s interlocutory appeal, the Lesko District Court quashed the impugned decision and ordered that the investigation be conducted. On 31/07/2019 the investigation was discontinued and the applicant’s following interlocutory appeal was dismissed by the Lesko District Court on 09/12/2019.
9.
35815/20
Martyniuk v. Poland
03/09/2020
Oskar Wiktor MARTYNIUK
1994
Zamość
Polish
Zamość Prison
unspecified (allegedly the strip searches were carried out every day)
12/05/2020 – 03/09/2020
After every walk, visit, hearing, day of work, visit in the warehouse
Application to the Lublin Penitentiary Court for ordering the cessation of strip searches - transmitted to the Zamość Prison Governor who dismissed it on 27/07/2020.