PROCEDURE

The case originated in an application (no. 39712/05) 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 Janusz Dudek (“the applicant”), on 29 October 2005.

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

On 14 January 2008 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1954 and lives in Częstochowa.

On 23 October 2003 the applicant, who is a police officer, was charged with abuse of powers.

On 4 November 2003 the applicant was arrested by the police. On 5 November 2003 the applicant was released. The Kraków Appeal Prosecutor (Prokuratura Apelacyjna) suspended the applicant from professional duties and ordered that he be subjected to police supervision in view of the reasonable suspicion that he had committed the offence in question. It further referred to the need to secure the proper conduct of the investigation.

On 20 November 2003 the applicant lodged an application with the prosecutor, requesting access to the investigation file. On 28 November 2003 the prosecutor dismissed the application. He referred to the need to secure the proper conduct of the investigation.

In the meantime, on 22 November 2003, the applicant had lodged an application for his suspension from professional duties to be lifted or replaced by another preventive measure. The application was dismissed by the Prosecutor of Appeal. In his decision the prosecutor referred to the need to secure the proper conduct of the investigation and the seriousness of the offences the applicant was charged with.

In the course of the proceedings, on 4 March and 2 June 2004, 14 March 2005 and 28 April 2006, the applicant made unsuccessful applications for his suspension from professional duties to be lifted or replaced by another preventive measure and he appealed, likewise unsuccessfully, against decisions dismissing his applications. In his applications he referred to the poor financial situation of his family resulting from the lengthy application of the preventive measure.

On 4 April 2006 the Kraków Appeal Prosecutor decided to obtain a psychiatric report on the applicant and his ability to stand trial.

On 3 September 2007 the applicant lodged an application for his suspension from professional duties to be lifted or replaced by another preventive measure. On 2 October 2007 the Kraków Prosecutor of Appeal lifted the preventive measure.

In the course of the investigation the proceedings were severed on several occasions and of the 110 suspects in this case 75 were indicted. However, the investigation concerning the remaining suspects, including the applicant, has not yet been completed.