PROCEDURE

The case originated in an application (no. 33985/05) 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 Mirosław Jabłoński (“the applicant”), on 7 September 2005.

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

On 27 September 2007 the Court decided to give notice of the application 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 1963 and lives in Warsaw.

On 18 December 2003 the applicant was arrested by the police on suspicion of having committed assault causing death and dealing in stolen goods.

On 19 December 2003 the Warsaw District Court (Sąd Rejonowy) remanded him in custody. It relied on a reasonable suspicion that the applicant had committed the offences with which he had been charged and on the risk that he might induce witnesses to give false testimony. Further, the court referred to the likelihood of a severe prison sentence being imposed on the applicant.

In the course of investigation, the applicant’s detention was extended by the Ostrołęka Regional Court (Sąd Okręgowy) on 4 March 2004, 11 May 2004 and 10 December 2004. In its decisions, the court relied on the likelihood that the applicant had committed the offence while acting with numerous co-suspects in the ambit of the activities of an organised criminal group. Further, it referred to the need to obtain evidence, in particular: to take evidence from numerous witnesses and suspects and to confront a key witness with the injured persons.

On 29 September 2004 the applicant was convicted and sentenced to one year and four months’ imprisonment by the Wyszków District Court for failure to pay maintenance and threatening behaviour, charges which has been examined in separate sets of proceedings. The court offset the sentence against the period of pre-trial detention.

On 23 June 2005 the applicant and twenty three suspects were indicted before the Ostrołęka Regional Court. The bill of indictment against the applicant comprised charges of assault causing death and dealing in stolen goods, committed in the ambit of the activities of an organised criminal group. However, the applicant was not charged with being a member of such a group.

The applicant’s detention was extended by the Ostrołęka Regional Court on 9 May 2005, 8 December 2005, 9 June 2006, 11 September 2006, 11 June 2007 and on 17 October 2007. The court repeated the grounds given in previous decisions. The court also stated that the reasons for the applicant’s detention were still valid and relied on the likelihood that a severe prison sentence would be imposed on him.

The applicant appealed against decisions extending his detention. The appeals were dismissed on 1 July 2005, 20 January 2006, 11 July 2006 and 20 October 2006.

On 1 February 2006 the court ordered that the cases of 8 of the accused be dealt with in separate proceedings.

On 16 March 2006 and 23 March 2006 the cases of two of the co‑accused were earmarked for separate proceedings.

In the meantime, on 9 September 2005, on 27 March 2006 and on 19 March 2007 the applicant lodged unsuccessful applications for release. The court stated that the reasons for his detention were still valid.

Between 13 March 2006 and 4 June 2007 seventy-one hearings took place.

On 11 June 2007 the Ostrołęka Regional Court convicted the applicant as charged and sentenced him to seven years’ imprisonment. The applicant appealed.

The case is pending before the Warsaw Appellate Court (Sąd Apelacyjny).

The applicant failed to lodge a complaint about a breach of the right to a trial within a reasonable time with the domestic court, under section 5 of the Law of 17 June 2004 (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”).