PROCEDURE

The case originated in an application (no. 73988/01) 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 Łuczko (“the applicant”), on 3 April 2000.

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

On 4 July 2005 the President of the Fourth Section decided to give notice of 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 1962 and lives in Wydminy.

A. The first set of criminal proceedings against the applicant

On 8 February 2000 the applicant was arrested on suspicion of having committed three burglaries. On 10 February 2000 the Giżycko District Court (Sąd Rejonowy) ordered that the applicant be remanded in custody until 8 May 2000. It found that there were reasonable grounds for believing that the applicant had committed the offences in question and that he would obstruct the proper course of the proceedings. The applicant’s detention was subsequently prolonged by the District Court on unspecified dates. On 31 August 2000 the bill of indictment was filed with the court.

On 11 December 2000 the Giżycko District Court convicted the applicant of six counts of burglary and sentenced him to five years’ imprisonment. The applicant appealed against that judgment.

On 11 April 2001 the Regional Court (Sąd Okręgowy) quashed the first-instance judgment and ordered a retrial. The applicant was released on the same day.

On 19 February 2003 the Giżycko District Court convicted the applicant of five counts of burglary and sentenced him to four years’ imprisonment.

B. The second set of criminal proceedings against the applicant

On an unspecified date in February 2000 the applicant was charged with homicide. On 20 March 2000 the Giżycko District Court ordered that the applicant be detained for three months in view of the reasonable suspicion that he had committed the offence at issue. On 30 June 2000 the District Court ordered the applicant’s release. On 15 November 2000 the criminal proceedings against the applicant were discontinued.

C. The third set of criminal proceedings against the applicant

On 25 March 2002 the applicant was arrested on suspicion of burglary. On 27 March 2002 the Giżycko District Court ordered his detention on remand until 25 May 2002. It found that there was a reasonable suspicion that the applicant had committed burglary, having regard to the evidence obtained in the investigation. It also relied on the severity of the likely sentence given the fact that the applicant was a habitual offender. Lastly, it held that there was a risk that the applicant would tamper with evidence.

On 14 May 2002 the District Court ordered that the applicant be remanded in custody until 25 June 2002. On 21 June 2002 the applicant’s detention was further prolonged until 25 August 2002. The court relied on the same grounds as given in the original detention order.

In June 2002 the bill of indictment was filed with the District Court. The applicant was charged with two counts of burglary and intimidation of a witness.

On 22 August 2002 the District Court prolonged the applicant’s detention until 25 October 2002. His detention was further prolonged on 7 October 2002. On 23 January 2003 the applicant was released.

On 13 May 2003 the Giżycko District Court convicted the applicant as charged and sentenced him to 3 years and 2 months’ imprisonment.

4. The censorship of the applicant’s correspondence with the Court

The following of the applicant’s letters to the Court bear a stamp “Judge” (Sędzia) and an illegible signature: a) letter dated 25 September 2000 received by the Court on 2 October 2000. It appears that the envelope in which that letter was sent had been cut open and subsequently resealed with adhesive tape; b) letter dated 18 October 2000 received by the Court on 6 November 2000. That letter also bears a stamp “Giżycko District Court. Received 23 October 2000” (Sąd Rejonowy w Giżycku. Wpłynęło 23.10.2000) and an illegible signature. The envelope in which the letter was sent bears a stamp “Giżycko Detention Centre. Received 19 October 2000” (Areszt Śledczy w Giżycku. Wpłynęło 19.10.00). According to the postal stamp, the letter was posted on 24 October 2000; c) letter dated 19 October 2000 received by the Court on 30 October 2000. It appears that the envelope in which that letter was sent had been cut open and subsequently resealed with adhesive tape; d) letter dated 27 December 2000 received by the Court on 9 February 2001; e) letter dated 8 January 2001 received by the Court on 16 January 2001. The envelope in which that letter was sent bears a stamp “Giżycko Detention Centre. Received 8 January 2001” (Areszt Śledczy w Giżycku. Wpłynęło 08.01.2001). According to the postal stamp, the letter was posted on 11 January 2001. It appears that the envelope in which that letter was sent had been cut open and subsequently resealed with adhesive tape; f) letter dated 24 June 2002 received by the Court on 5 July 2002. Most of the envelopes in which those letters were sent, except for the letters dated 27 December 2000 and 24 June 2002, bear a hand-written note “SR Giżycko” (D[istrict] C[ourt] Giżycko).