PROCEDURE

The case originated in an application (no. 42643/98) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Krzysztof Paszkowski (“the applicant”), on 11 September 1997.

The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki and Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant alleged that that his pre-trial detention had been inordinately lengthy.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Third Section (Rule 52 § 1).

By a decision of 8 January 2004 the Court declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1966 and lives in Gdańsk, Poland.

On 24 August 1994 the applicant was arrested on suspicion of extorting protection money from an escort agency. Subsequently, eleven other persons were charged and remanded in custody in connection with the investigation against the applicant.

In the course of the investigation the applicant’s detention was several times prolonged by the Gdańsk Regional Prosecutor (Prokurator Wojewódzki) and the Gdańsk Regional Court (Sąd Wojewódzki). The prosecution authorities also obtained two expert reports concerning the applicant’s mental health.

On 27 June 1995 the Gdańsk Regional Prosecutor (Prokurator Wojewódzki) lodged a bill of indictment with the Gdańsk Regional Court (Sąd Wojewódzki). The applicant was indicted together with eleven other persons on charges of robbery and extortion. The prosecution asked the court to hear evidence from 106 witnesses.

On 26 July 1995 the applicant lodged an application for release. He submitted that his wife had been placed in a mental hospital and that their daughter had been left without care. On 18 August 1995 the Gdańsk Regional Court upheld the detention order. The court held that, given the number of suspects involved in the case and the serious nature of the offence in question, keeping the applicant in custody was necessary to ensure that the process of obtaining evidence followed its proper course. On 6 September 1995 the Gdańsk Court of Appeal (Sąd Apelacyjny) dismissed the applicant’s further appeal.

On 30 April 1996 the applicant made an application for release. It was rejected by the Gdańsk Regional Court on 14 May 1996. The court held that keeping the applicant in custody had been necessary to ensure the proper conduct of the proceedings. On 12 June 1996, on an appeal by the applicant, the Gdańsk Court of Appeal upheld this decision. The court found that the applicant’s family situation did not militate against his continuing detention and that there were no grounds on which to release the applicant, as defined in Article 218 of the Code of Criminal Procedure. Furthermore, it also underlined the gravity of charges brought against the applicant.

On 4 December 1996 the applicant made yet another application for release. It was rejected by the Gdańsk Regional Court on 10 December 1996 as the applicant failed to submit any new arguments which would justify his release.

On 30 December 1996 the Gdańsk Regional Court asked the Supreme Court (Sąd Najwyższy) to prolong the applicant’s detention. On 16 January 1997 the Supreme Court granted the application and prolonged his and eight other co-accused’ detention until 30 June 1997.

On 6 June 1997 the applicant made yet another unsuccessful application for release from detention.

On 26 June 1997 the Gdańsk Regional Court lodged a request under Article 222 § 4 of the Code of Criminal Procedure with the Supreme Court, asking it to prolong the applicant’s detention for a further period of six months. On 13 August 1997 the Supreme Court extended the applicant’s detention until 1 December 1997, considering that it was necessary to ensure the proper conduct of the proceedings. The court stressed that the case was particularly complex as it concerned several co-accused. Furthermore, it observed that the trial court still had to hear evidence from 50 witnesses.

On 26 September 1996 the composition of the trial court had to be changed due to the presiding judge’s illness.

Between October and December 1997 the trial court on four occasions allowed the applicant’s family to visit him in prison.

On 25 November 1997 the Gdańsk Regional Court again asked the Supreme Court to prolong the applicant’s detention. On 19 December 1997 the Supreme Court decided to extend the applicant’s detention until 30 April 1998. It considered that even though the proceedings had been lengthy, the trial court could not be held responsible for the delay. The composition of the trial court had to be changed due to the presiding judge’s illness. Moreover, some of the accused contributed to the length of the proceedings by lodging numerous motions with the court. The Supreme Court also referred to the complexity of the case, the fact that it involved several accused and the large number of witnesses.

In January, February, March 1998 the applicant’s family was allowed, on five occasions, to visit him in prison.

On 30 April 1998 the Gdańsk Regional Court released the applicant under police supervision. The court held that the detention had already been prolonged three times by the Supreme Court but to no avail, as the proceedings had still not been terminated. In the court’s opinion, any prolongation of his further detention on remand would be tantamount to serving a prison sentence.

Before 30 April 1998 the trial court listed 31 hearings, of which 17 were cancelled or adjourned.

On 22 October 2002 the Regional Court gave judgment. It sentenced the applicant to four years’ imprisonment.