Communicated on 7 July 2014
FOURTH SECTION
Application no. 29869/13
Dariusz KARWOWSKI
against Poland
lodged on 19 March 2013
STATEMENT OF FACTS
The applicant, Mr Dariusz Karwowski, is a Polish national, who was born in 1971 and is currently detained in the Warszawa-Białołęka Remand Centre.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
1. Criminal proceedings against the applicant
On 17 January 2006 the applicant was arrested and detained on remand on unspecified charges.
He was subsequently convicted on a later unknown date.
2. Imposition of the so-called “dangerous detainee” regime
On 17 January 2006 the Warsaw Remand Centre Penitentiary Commission (“the commission”) classified the applicant as a “dangerous detainee”. It is not clear whether the applicant appealed against this decision.
The commission reviewed, and upheld its decision classifying the applicant as a “dangerous detainee” on several occasions.
In particular, on 3 January 2013 the commission extended the imposition of the “dangerous detainee” regime on the applicant. The commission referred to the gravity of charges against the applicant and his serious lack of moral character.
The applicant appealed.
On 30 January 2013 the Warsaw Regional Court dismissed his appeal. The court held that the decision had been lawful.
3. Particular aspects of the regime
The applicant submits that he has been kept in a cell which was constantly monitored via closed-circuit television. He was subjected to a body search every time he left and entered the cell, which in practice meant that he had to strip naked in front of prison officers.
B. Relevant domestic law and practice
The relevant domestic law and practice concerning the imposition of “dangerous detainee” regime 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 that the imposition of the “dangerous detainee” regime on him amounted to inhuman and degrading treatment and was in breach of this provision.
QUESTION TO THE PARTIES
Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant since 17 January 2006, 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 decision of 17 January 2006 imposing the “dangerous detainee” regime on the applicant and subsequent decisions extending the application of the regime;
- copies of judgments delivered in the criminal proceedings against the applicant.
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