Communicated on 7 July 2014
FOURTH SECTION
Application no. 59285/12
Tomasz ROMANIUK
against Poland
lodged on 3 September 2012
STATEMENT OF FACTS
The applicant, Mr Tomasz Romaniuk, is a Polish national, who was born in 1985 and is currently detained in the Czerwony Bór Detention 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 8 April 2009 the applicant was arrested and detained on remand. He was charged with, inter alia, homicide, attempted homicide, and illegal possession of firearms.
On 2 December 2011 the Ostrołęka Regional Court acquitted the applicant of some of the homicide charges and sentenced him to 12 years’ imprisonment.
On 25 October 2012 the Bialystok Court of Appeal upheld the first instance judgment.
On 8 November 2013 the Supreme Court dismissed the applicant’s cassation appeal.
2. Imposition of the so-called “dangerous detainee” regime
On 10 April 2009 the Czerwony Bór Prison Penitentiary Commission (“the commission”) classified the applicant as a “dangerous detainee”. The applicant did not appeal against this decision.
The commission reviewed, and upheld its decision classifying the applicant as a “dangerous detainee” on several occasions.
In particular, on 30 September 2011 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 the fact that a disciplinary penalty was imposed on him twice (for aggressive behavior during the commission’s sitting and throwing a tea mug against the wall).
The applicant appealed.
On 13 December 2011 the Bialystok Regional Court dismissed his appeal. The court held that the decision had been lawful.
On 29 March 2012 the commission lifted the “dangerous detainee” regime off the applicant.
3. Particular aspects of the regime
The applicant submits that he was 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 from 10 April 2009 to 29 March 2012, 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 10 April 2009 imposing the “dangerous detainee” regime on the applicant and subsequent decisions extending the application of the regime;
- a copy of the Ostrołęka Regional Court judgment of 2 December 2011;
- a copy of the Białystok Court of Appeal judgment of 25 October 2012.
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