Published on 27 November 2023
FIRST SECTION
Application no. 33987/19
Kamil MADEJSKI against Poland
and 6 other applications
(see list appended)
communicated on 6 November 2023
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” and they lodged applications, complaints and appeals with various bodies of the prison system and the judiciary but all of them were dismissed (details of each application are summarised in the appended table).
The applicants complain, under Articles 3 and 8 of the Convention, that the unjustified strip searches constituted degrading treatment and violated their right to respect for their private lives. They also invoke Article 13 of the Convention, complaining that the prison authorities did not issue a reasoned decision ordering their strip searches which could be appealed against.
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 relating to the strip searches 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; Dejnek v. Poland, no. 9635/13, §§ 70-77, 1 June 2017; and Bojar v. Poland [Committee], no. 11148/18, §§ 8-18, 11 May 2023)?
APPENDIX
No.
Application no.
Case name Introduction date
Applicant’s name
Year of birth
Place of residence
Place of detention
Alleged number of strip searches
Period in question
Circumstances of strip searches as submitted by the applicant
Domestic remedies used
1.
33987/19
Madejski v. Poland
18/06/2019
Kamil MADEJSKI
1992
Świętochłowice
Strzelce Opolskie Prison no. 1
1
03/03/2019
After a family visit received by the applicant
Complaint (undated) dismissed by the Strzelce Opolskie Prison no. 1 Governor on 11/04/2019. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 31/05/2019.
2.
54643/19
Chmielewski v. Poland
08/10/2019
Krzysztof Remigiusz CHMIELEWSKI
1971
Pyskowice
Sieraków Śląski Prison
unspecified (multiple occasions)
02/08/2018
-
05/10/2018
After every day of work outside of prison
Complaint of 09/08/2018 to the Częstochowa Penitentiary Court - proceedings discontinued on 13/11/2018. The applicant’s interlocutory appeal against that last decision dismissed by the Katowice Court of Appeal on 06/02/2019 (decision served on the applicant on 10/09/2019).
Request of 08/10/2018 for launching a criminal investigation into the events. Proceedings instituted by the Lubliniec District Prosecution Service on 27/11/2018 and then discontinued on 26/02/2019 (decision served on the applicant no earlier than on 21/05/2019).
3.
56651/19
Kozina v. Poland
11/10/2019
Rafał KOZINA
1961
Wrocław
Strzelce Opolskie Prison no. 1
1
12/05/2019
After a visit received by the applicant
Complaint of 28/05/2019 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 07/09/2019. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 01/08/2019.
4.
30143/20
Piasecki v. Poland
06/07/2020
Adrian PIASECKI
1994
Gorlice
Strzelce Opolskie Prison no. 1
Wojkowice Prison
264
13/09/2018
-
03/03/2020
Each time before leaving and on admission to both prisons; after every day of work in the Wojkowice Prison, after several days of work in the Strzelce Opolskie Prison no. 1, after every received visit; during general controls every 6 months.
Complaint of 01/03/2020 to the Wojkowice Prison Governor dismissed on 18/03/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service of 30/03/2020 (no reply to that appeal was submitted by the applicant).
Complaint of 03/03/2020 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 12/03/2020. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 05/05/2020.
5.
37976/20
Olczykowski v. Poland
18/08/2020
Mateusz OLCZYKOWSKI
1984
Tarnow
Piotrków Trybunalski Remand Centre
Sieradz Prison
Łódź Remand Centre
Strzelce Opolskie Prison no. 1
Opole Lubelskie Prison
112
07/03/2003
-
14/06/2017
On admission to and before leaving each facility; after received visits; during general controls.
Complaint of 23/12/2019 dismissed by the Lublin Regional Inspectorate of the Prison Service on 02/03/2020.
Complaints of 20/01/2020, 27/01/2020 and 28/01/2020 dismissed by the Łódź Regional Inspectorate of the Prison Service on 03/03/2020.
Complaint of 06/02/2020 dismissed by the Opole Regional Inspectorate of the Prison Service on 17/03/2020.
6.
54988/20
Nowak v. Poland
21/01/2021
Adrian Marek NOWAK
1993
Łódź
Łódź Remand Centre
49
20/02/2018
-
15/09/2020
After coming back from court hearings; after every received visit.
Complaint of 02/10/2020 to the Łódź Regional Inspectorate of the Prison Service dismissed on 09/11/2020.
Appeal to the Central Board of the Prison Service dismissed on 15/12/2020.
7.
4632/21
Bisiorek v. Poland
07/12/2020
Marcin BISIOREK
1981
Ruda Śląska
Herby Prison
Katowice Remand Centre
Dębica Prison
Tarnów Prison
Strzelce Opolskie Prison no. 1
Radom Remand Centre
Rzeszów Prison
Kraków Remand Centre
165
05/05/2003
-
30/07/2020
On admission to and before leaving each facility; after received visits; during general controls.
Complaint of 18/08/2020 to the Director of the Kraków Remand Centre dismissed on 04/09/2020. Appeal to the Kraków Regional Inspectorate of the Prison Service dismissed on 02/11/2020.
Complaint of 18/08/2020 to the Strzelce Opolskie Prison no. 1 Governor dismissed on 25/08/2020. Appeal to the Opole Regional Inspectorate of the Prison Service dismissed on 23/10/2020. Complaint of 18/08/2020 to the Director of the Radom Remand Centre dismissed on 04/09/2020. Appeal to the Warsaw Regional Inspectorate of the Prison Service dismissed on 12/11/2020. Complaint (undated) to the Director of the Katowice Remand Centre dismissed on 21/08/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service dismissed on 19/10/2020. Complaint (undated) to the Herby Prison Governor dismissed on 21/09/2020. Appeal to the Katowice Regional Inspectorate of the Prison Service dismissed on 30/10/2020.Complaint (undated) to the Tarnów Prison Governor dismissed on 03/09/2020. Appeal to the Kraków Regional Inspectorate of the Prison Service dismissed on 03/10/2020. Complaint of 18/08/2020 to the Rzeszów Prison Governor dismissed on 02/09/2020. Appeal to the Rzeszów Regional Inspectorate of the Prison Service dismissed on 02/11/2020. Complaint of 20/08/2020 to the Dębica Prison Governor dismissed on 07/09/2020. Appeal to the Rzeszów Regional Inspectorate of the Prison Service dismissed on 02/11/2020.
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