PROCEDURE

The case originated in an application (no. 633/03) 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 Bolesław Dudek (“the applicant”), on 26 November 2002.

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

On 19 April 2005 the President of the Fourth Section Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1959 and lives in Hamburg, Germany.

On 25 July 2001 the applicant was arrested by the police. On 26 July 2001 the Katowice District Court (Sąd Rejonowy) ordered that the applicant be remanded in custody in view of the reasonable suspicion that, acting in an organised gang, he had been involved in the traffic of human beings and narcotics, had committed robberies and had derived profits from prostitution. The court considered that, given the fact that the applicant had been living in Germany, there was a real risk that he might go into hiding. In addition, it found that the case was complex as it concerned an organised criminal group and that, once released, the applicant might tamper with evidence or otherwise obstruct the proceedings.

The applicant appealed against the detention order. However, on 22 August 2001 the Katowice Regional Court (Sąd Okręgowy) dismissed the appeal.

On 18 October 2001 and 16 January 2002 the Bielsko-Biała Regional Court prolonged the applicant’s detention. The court repeated grounds given previously: the reasonable suspicion that he had committed the offences, the severity of the anticipated sentence, the complexity of the case and the risk that the applicant might go into hiding as he had no permanent residence in Poland. His appeals against both decisions were dismissed.

On 18 February 2002 the applicant and his accomplices were indicted before the Bielsko-Biała Regional Court.

On 16 April 2002, the Bielsko-Biała Regional Court again prolonged the applicant’s detention until 31 October 2002. It reiterated the grounds that had been stated in the previous decisions.

On 3 and 24 June 2002 the Bielsko-Biała Regional Court dismissed his applications for release reiterating the previously given grounds for detention.

On 29 August 2002 the Bielsko-Biała Regional Court held the first hearing. Subsequently, several hearings were held, and the court fined the witnesses who failed to appear. The applicant and his lawyer were present at those hearings.

Subsequently, the applicant’s detention on remand was prolonged and his applications for release dismissed.

On 18 June 2003 the Katowice Court of Appeal (Sąd Apelacyjny), on the application of the Bielsko-Biała Regional Court, further prolonged the applicant’s detention. The court repeated the grounds originally given and stressed the fact that the case concerned an organised criminal gang.

On 1 August 2003 the Bielsko-Biała Regional Court gave judgment with respect to the applicant and twelve co-accused. The applicant was convicted as charged and sentenced to four years’ imprisonment. The applicant requested a reasoned judgment to be prepared to enable him to lodge an appeal.

On 30 January 2004 the applicant was released from detention.

On 16 December 2004 the Katowice Court of Appeal partly allowed his appeal. The applicant was acquitted of the charges of being a member of an organised criminal group. The appellate court further quashed and remitted the part of the Regional Court’s judgment which concerned his conviction for helping in the illegal crossing of the Polish borders and in the trading in human beings. The court upheld the remaining part of the impugned judgment, which concerned the running by the applicant of a night club and possession of cannabis, and sentenced the applicant to one year and two months’ imprisonment.

The applicant submitted that due to a mistake of his lawyer, he did not lodge a cassation appeal against this judgment. The judgment is final.

The remaining part of the proceedings, which was remitted by the Katowice Court of Appeal, is pending.