Communicated on 26 May 2015
FOURTH SECTION
Application no. 54952/14
Ryszard CHOWANIEC
against Poland
lodged on 29 July 2014
STATEMENT OF FACTS
The applicant, Mr Ryszard Chowaniec, is a Polish national, who was born in 1971 and is detained in Tarnów.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On an unspecified date in September 2001 the applicant was arrested in connection with charges of several homicides and robberies committed in an organised criminal group. Subsequently, the applicant was convicted and sentenced to life imprisonment.
On 11 September 2001 the Tarnów Remand Centre Penitentiary Commission (Komisja Penitencjarna) (“the commission”) classified the applicant as a “dangerous detainee”. Every three months the commission repeatedly reviewed and upheld its decision classifying the applicant as a “dangerous detainee”.
The applicant complained against all decision of the commission however his appeals were dismissed by the Tarnów Regional Court. The main ground for imposition and extension of the regime was the serious nature of the offences committed by the applicant and his lack of moral character. On 8 April 2013 the Tarnów Regional Court considered that lengthy imposition of the regime on the applicant, although undoubtedly difficult for him, had been necessary to protect the society and for the security of the prison. Afterwards the regime was further extended.
The applicant remains qualified as a “dangerous detainee”.
B. Relevant domestic law and practice
The relevant domestic law and practice concerning the imposition of dangerous detainee status are set out in the Court’s judgments in the cases of Piechowicz v. Poland (no. 20071/07, §§ 105-117, 17 April 2012), and Horych v. Poland (no. 13621/08, §§ 44-56, 17 April 2012).
COMPLAINT
The applicant complains under Article 3 of the Convention about lengthy imposition on him of the “dangerous detainee” regime.
QUESTION TO THE PARTIES
Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant since 2001, has he been subjected to treatment contrary to Article 3 of the Convention? The parties are requested to refer in their observations to the leading judgment of Piechowicz v. Poland, no. 20071/07, 17 April 2012.
The Government are invited to submit a copy of the relevant decision imposing the regime on the applicant, missing decisions concerning application of the regime and the final judgment convicting the applicant.
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