PROCEDURE

The case originated in an application (no. 49913/99) 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 Sławomir Zielonka (“the applicant”), on 2 March 1998.

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

The applicant alleged, under Article 5 § 1 that his detention from 21 to 24 February 1998 had been unlawful.

The application was allocated to the Second 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.

By a decision of 26 April 2005 the Court declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1954 and lives in Łódź.

On 21 November 1997 the applicant was arrested on suspicion of receiving and selling stolen goods.

On 22 November 1997 the Łódź District Court (Sąd Rejonowy) ordered that the applicant be detained on remand until 21 February 1998. The court referred to the strong probability of the applicant’s guilt and to the high risk of his hindering the proper conduct of the proceedings. The court also emphasised that it was likely that the applicant, if released, would go into hiding.

By a decision of 24 February 1998, the Łódź District Court prolonged the applicant’s detention on remand until 21 September 1998. The court considered that the reasons for which the detention had been ordered continued to exist. The decision was served on the applicant on 25 February 1998.

The applicant appealed, claiming that keeping him in custody between 21 February 1998 and 24 February 1998 had been unlawful since there had been no valid judicial decision authorising his detention.

On 25 March 1998 the Łódź Regional Court (Sąd Okręgowy) dismissed the applicant’s appeal as unsubstantiated. However, the court altered the decision of 24 February 1998 and prolonged the applicant’s detention on remand until 30 June 1998, finding that the case had not been complex and that the evidence against the applicant pointed to his guilt.

In a letter of 28 April 1998, the Łódź District Court admitted its mistake and confirmed that there had been no valid judicial decision authorising the applicant’s detention on remand between 21 February 1998 and 24 February 1998. It added that this period would be deducted from any sentence of imprisonment eventually imposed on the applicant.

On 5 June 1998 the Łódź District Court convicted the applicant as charged and sentenced him to 3 years’ imprisonment.