PROCEDURE

The case originated in an application (no. 23042/02) 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 Krzysztof Cabała (“the applicant”), on 6 June 2002.

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

On 16 September 2005 the President of the Fourth Section of the 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 1951 and lives in Siemianowice Śląskie, Poland.

A. The criminal proceedings

On 21 August 2001 the applicant was arrested by the police on suspicion of having stabbed a certain A.T. during a quarrel and being under the influence of alcohol.

On 23 August 2001 the Katowice District Court (Sąd Rejonowy) decided to detain the applicant on remand on the basis of a reasonable suspicion that he had attempted to commit a homicide. The court also considered that given the severity of the penalty that could be expected, it was probable that the applicant would interfere with the course of proceedings. At the same time, the court rejected the prosecutor’s assertion that there was also a risk of collusion.

On 12 November 2001 the District Court further prolonged the detention, referring in particular to the fact that the investigation had not yet ended.

On 8 February 2002 the applicant was indicted before the Katowice Regional Court (Sąd Okręgowy).

The applicant’s pre-trial detention was subsequently prolonged on 18 February and 5 August 2002 and on 5 January 2003. The trial court justified its decisions by reference to the high probability that the applicant had committed the offence and the gravity of the charges, which might attract a heavy sentence.

On 14 April 2003 the Katowice Regional Court further prolonged the applicant’s detention relying, in addition to the previous grounds, on the fact that the trial court had not yet completed the taking of evidence.

The applicant’s numerous applications for release and appeals against decisions concerning prolongation of his detention were to no avail.

On 23 May 2003 the trial court gave judgment. The court convicted the applicant as charged finding that, given his state of mind at the time of events, he could not be held fully responsible for his actions. The Regional Court sentenced the applicant to six years’ imprisonment.

On 11 December 2003 the Katowice Court of Appeal gave judgment which it quashed the Regional Court’s judgment and remitted the case.

The applicant’s pre-trial detention was not lifted. The trial court prolonged it on 16 January, 10 May and 13 September 2004 relying on the same grounds as before: the reasonable suspicion against the applicant, the gravity of the charges and the risk that given the severity of the expected penalty the applicant would obstruct the proceedings.

On 29 September 2004 the Katowice Regional Court gave judgment. The court considered that the applicant had overstepped the limits of legitimate self-defence and sentenced him to 5 years’ imprisonment.

On 27 January 2005 the Katowice Court of Appeal upheld the judgment. It appears that the applicant did not lodge a cassation appeal and that this judgment became final.

B. The monitoring of the applicant’s correspondence

On 27 November 2004 the applicant sent a letter to the Court. The envelope in which the letter was delivered bears the following stamp: Katowice Court of Appeal (Sąd Apelacyjny Katowice), a handwritten note: censorship, 29 December 2004 (cenzura, 29.12.04) and an illegible signature. The envelope bears signs of having been opened after being sealed: its left side has been cut open and then resealed with sellotape. It appears that the envelope was stamped with the Court of Appeal’s stamp described above after being resealed with sellotape.