PROCEDURE

The case originated in an application (no. 41373/04) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Wojciech Arciński (“the applicant”), on 15 November 2004.

The applicant, who had been granted legal aid, was represented by Ms M. Gąsiorowska, a lawyer practising in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant complained under Article 6 § 1 read together with Article 6 § 3 (c) of the Convention that he had been deprived of access to the Supreme Court.

On 20 November 2007 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1945. He is currently serving a prison sentence in Płock prison.

Since 1997 the applicant lived with his partner in her apartment in Płock. On 22 March 2002 she was found dead in the apartment. She had serious head injuries and broken ribs. The applicant protested his innocence. On 7 February 2003 the Płock District Prosecutor lodged a bill of indictment against the applicant with the Płock Regional Court. The applicant was charged with murder.

On 28 April 2003 the Płock Regional Court gave a judgment in the case. The court found the applicant guilty of murder and sentenced him to eleven years’ imprisonment.

On 30 June 2003 the applicant appealed to the Warsaw Court of Appeal. He argued that the first‑instance court had failed to examine all the relevant circumstances of the case.

On 7 October 2003 the appellate court quashed the judgment and remitted the case to the first‑instance court for re‑examination, having regard to certain procedural shortcomings in the proceedings.

On 16 December 2003 the Płock Regional Court gave a judgment and again convicted the applicant of murder. The applicant was sentenced to eleven years’ imprisonment. The applicant appealed. On 16 April 2004 the appellate court upheld the contested judgment.

Throughout the judicial proceedings the applicant was represented by a legal-aid lawyer.

On 28 June 2004 the court served the written grounds of the judgment on the applicant and assigned a legal-aid lawyer for the purpose of cassation proceedings.

By a letter of 26 July 2004 the lawyer informed the court that he had not found any grounds on which to prepare a cassation appeal.

On 29 July 2004 the appellate court forwarded the lawyer’s refusal to the applicant and informed him that the time-limit for lodging the cassation appeal was to expire on 30 July 2004.

On an unspecified date the applicant requested the court to assign a new legal aid lawyer. The court refused to do so.