PROCEDURE

The case originated in an application (no. 2369/09) 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 Kumenda (“the applicant”), on 8 January 2009.

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

The applicant alleged, in particular, that he had been unlawfully detained in a regular detention centre pending his transfer to a psychiatric hospital. He further complained about the length of his pre-trial detention.

On 8 June 2009 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). In addition, the application was given priority, in accordance with Rule 41 of the Rules of Court.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1939 and lives in Raciborz.

On 20 October 2007 the applicant was arrested on suspicion of domestic violence. On 22 October 2007 the Wodzisław Śląski District Court ordered his detention. The court considered that there was a reasonable suspicion that the applicant might commit another offence.

On 15 and 26 November 2007 the applicant asked to be released from detention.

On 16 November 2007 two expert psychiatrists considered that the applicant should be examined in a psychiatric hospital. On 30 November 2007 the District Court ordered that the applicant be observed for six weeks in a psychiatric hospital. On 18 January 2008 the court again extended the applicant's detention. The court relied on the grounds previously invoked, namely, the reasonable suspicion that the applicant had committed the offence with which he was charged and the need to secure the proper conduct of the proceedings.

Between 28 February and 10 April 2008 the applicant was examined in a psychiatric wing of the Wroclaw Detention Centre. On 10 April 2008 the experts delivered an opinion and considered that the applicant suffered from a delusional disorder and should be placed in a psychiatric hospital.

On 30 April 2008 the Wodzislaw District Prosecutor lodged a request with the District Court for the proceedings to be discontinued on the ground that the applicant could not be held criminally liable.

On 14 May 2008 the applicant's detention was extended by the Wodzisław Śląski District Court. The court considered that there was a high probability that the applicant had committed the offence with which he was charged. On 18 August 2008 the court again extended the applicant's detention. The court held that there had been a delay in the proceedings resulting from the fact that the expert psychiatrists and the applicant's lawyer had been on holiday and could not have appeared before it.

On 16 October 2008 the District Court extended the applicant's detention yet again. The court referred to the difficulties in scheduling a hearing date.

On 20 November 2008 the District Court held a hearing and discontinued the proceedings against the applicant. The court found it established that the applicant had committed the offences with which he had been charged. However, he could not be held criminally responsible as he had been suffering from a delusional disorder. It further referred to the experts' opinion and ordered that the applicant be placed in Rybnik Psychiatric Hospital. On the same day the court also refused the applicant's request to be released. The court considered that there was a reasonable suspicion that the applicant might commit another crime. On a further appeal, the decision to discontinue the proceedings was upheld by the Gliwice Regional Court on 3 February 2009.

On 8 December 2008 the Wodzisław District Court extended the applicant's detention until 20 March 2009. The court referred to the reasons given previously. In addition, it relied on the risk that the applicant might commit another offence. It stressed that it was necessary to keep the applicant in detention until his admission to a psychiatric hospital. The applicant's detention was subsequently extended on 19 March and 17 June 2009.

On 23 March 2009 the Commission on Preventive Measures (Komisja Psychiatryczna ds. środków zabezpieczająych) recommended that the applicant be placed in Rybnik Psychiatric Hospital. On 22 April 2009 the Wodzisław District Court ordered that the applicant be placed in Rybnik Psychiatric Hospital. On 29 April 2009 the hospital replied that owing to a strain on resources and a temporary lack of available beds it would not be possible to admit the applicant before 29 June 2009.

The applicant was transferred to Rybnik Psychiatric Hospital on 29 June 2009.