PROCEDURE

The case originated in an application (no. 20834/02) 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 Stanisław Marecki (“the applicant”), on 2 July 2001.

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

The applicant alleged, in particular, that his detention on remand had exceeded a “reasonable time” within the meaning of Article 5 § 3 of the Convention.

On 23 October 2007 the Court decided to give notice of the complaint to the Government. It 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 1955 and lives in Brzozów.

On 12 December 1998 the applicant was arrested on a charge of numerous counts of armed robbery and membership of a criminal gang. On 13 December 1998 he was detained on remand by a decision of the Łowicz District Court. On an unspecified date in 2000 the Łódź Regional Prosecutor laid additional charges against the applicant (armed robbery committed as part of an organised criminal gang and homicide).

Subsequently, further decisions prolonging his detention on remand were taken by the Skierniewice Regional Court. The relevant decisions were taken on the following dates: 3 March 1999 (extending his detention until 11 June 1999); 26 May 1999 (extending his detention until 12 June 1999); and 28 April 2000 (extending his detention until 12 December 2000).

From June 1999 onwards, decisions prolonging the applicant’s detention on remand were taken by the Łódź Court of Appeal. The relevant decisions were taken on the following dates: 1 June 1999 (extending his detention until 12 September 1999; that decision was upheld by the Supreme Court on 29 July 1999); 7 September 1999 (extending his detention until 13 December 1999; that decision was upheld by the Supreme Court on 27 October 1999); 5 December 2000 (extending his detention until 31 March 2001); 20 March 2001 (extending his detention until 31 October 2001); 23 October 2001 (extending his detention until 28 February 2002); 12 February 2002 (extending his detention until 31 May 2002); 13 August 2002 (extending his detention until 23 November 2002); 5 August 2003 (extending his detention until 23 December 2003); and 22 December 2003 (extending his detention until 22 June 2004).

On 25 November 1999 and 10 March 2000, decisions prolonging the applicant’s detention were taken by the Supreme Court following requests by the Prosecutor General.

The courts justified their decisions prolonging the applicant’s detention on remand and their refusals to release him by the need to hear evidence from the accused and witnesses, some of whom lived abroad, the complexity of the case, the significant number of accused, the voluminous documents gathered in the case, the existence of a reasonable suspicion that the applicant had committed the offences (including homicide) and the severity of the anticipated sentence. These considerations led the courts to assume that the applicant, if released, could obstruct the proper course of the proceedings. The courts found on several occasions that there were no special grounds, as specified in Article 259 § 1 of the Code of Criminal Procedure, that would justify lifting the detention order and imposing a less severe measure. In its decision of 12 February 2002 the Łódź Court of Appeal also acknowledged the delay in the proceedings and asked the trial court to expedite the examination of the case.

The applicant’s appeals against decisions prolonging his detention were unsuccessful. They were dismissed by the Skierniewice Regional Court on 12 July 2000, 6 September 2000 and 4 October 2000 and by the Łódź Regional Court on 30 March 2001, 25 January 2002, 14 June 2002, 29 October 2002, 29 November 2002, 7 January 2003, 25 March 2003, 6 May 2003, 15 July 2003, 17 February 2004 and 25 March 2004.

In the meantime, on 6 March 2000 the Skierniewice Regional Court, following the recommendations of doctors, had ordered that the applicant undergo a psychiatric observation for six weeks and that an expert’s opinion concerning his health be prepared.

A bill of indictment, concerning six accused and involving 140 witnesses, was filed with the Łódź Regional Court on 25 April 2000.

On 23 May 2002 the Łódź Regional Court convicted the applicant as charged and sentenced him to 25 years’ imprisonment.

On 22 December 2003 the Łódź Court of Appeal quashed the first-instance judgment and remitted the case to the Regional Court.

On 6 December 2004 the Łódź Regional Court acquitted the applicant and he was released from detention.

The applicant lodged a claim for compensation for wrongful detention. The proceedings are still pending.