Communicated on 7 July 2014
FOURTH SECTION
Application no. 1804/11
Zdzisław WÓDKA
against Poland
lodged on 16 November 2010
STATEMENT OF FACTS
The applicant, Mr Zdzisław Wódka, is a Polish national, who was born in 1971 and is currently detained in the Prison Hospital in Łódź.
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
The applicant is serving a sentence of imprisonment since January 2009.
He submits that he suffers from numerous health problems including severe back pain.
2. Imposition of the so-called “dangerous detainee” regime
On 14 June 2010 the applicant was transferred from the Warsaw – Służewiec Remand Centre to Płock Prison.
On an unknown date in August 2010, he was transferred from the infirmary to a monitored cell for “dangerous detainees”, where he remained for three months.
On 12 August 2010 the applicant lodged a complaint with the Łódź Regional Inspectorate of Prison Service. The applicant complained about the fact that he had been placed in solitary confinement without any formal decision on imposition of the “dangerous detainee” regime.
In the letter of 29 October 2010, the Director of the Łódź Regional Inspectorate of Prison Service informed the applicant that the decision to place him in solitary confinement was lawful. The Director stressed the applicant had been placed in solitary confinement for medical reasons, i.e. to monitor his state of health.
The applicant attempted to open criminal proceedings regarding alleged ill – treatment by the prison officers who in August 2010 escorted him to the solitary confinement.
On 27 October 2010 the Płock District Prosecutor refused to open an investigation. The allegations were found to be unsubstantiated as the applicant had been placed in the monitored cell in order to check his state of health. The applicant appealed. He complained that he had been kept in the cell for “dangerous detainees” without any formal decision.
On 30 December 2010 the Płock District Court upheld the above decision.
3. Conditions of the applicant’s detention in the Płock Prison
The applicant submits that the cell no 555 for "dangerous detainees" in the Płock Prison was not adapted to ill-person’s needs. The furniture was permanently fixed to the floor. The sanitary annex was situated in the middle of the cell and not separated from the rest of it. The applicant received a roll of toilet paper per month and was allowed to take a hot shower once a week.
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 Articles 3 and 8 of the Convention that the de facto imposition of the “dangerous detainee” regime on him, without any formal decision, 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 August 2010 for a period of three months, 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 and further decisions extending the application of the regime.
- copies of judgments relating to criminal proceedings against the applicant
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