PROCEDURE

The case originated in an application (no. 26744/02) 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 Witold Kisielewski (“the applicant”), on 9 July 2001.

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

On 20 November 2007 the President of the Fourth Section decided to give notice of the application to the Government. It was 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 1960 and lives in Cracow.

1. First set of criminal proceedings against the applicant

The applicant was charged with handling stolen property and, on an unspecified later date, he was detained on remand.

On 29 November 1993 the Cracow District Court convicted the applicant as charged and sentenced him to 2 years’ imprisonment. The applicant appealed.

On 8 April 1994 the Cracow Regional Court upheld the first-instance judgment.

2. Second set of criminal proceedings against the applicant

The applicant was charged with handling stolen property, forgery of documents and unlawful possession of a firearm and, on an unspecified later date, he was detained on remand.

On 2 March 1995 the Cracow Regional Court convicted the applicant as charged and sentenced him to 3 years and 6 months’ imprisonment. Both the applicant and the prosecutor appealed.

On 5 October 1995 the Cracow Court of Appeal amended the first-instance judgment and increased the sentence to 5 years’ imprisonment.

On 21 December 1995 the Cracow Regional Court gave a cumulative judgment (wyrok łączny) and sentenced the applicant to 5 years’ imprisonment as cumulative penalties for the former conviction given in the first set of criminal proceedings (see paragraph 7 above) and the latter conviction given on 5 October 1995.

3. Third set of criminal proceedings against the applicant

On an unspecified later date the applicant was charged with handling stolen property.

On 27 February 1997 the Cracow Regional Court convicted the applicant as charged and sentenced him to 2 years and 6 months’ imprisonment. The applicant appealed.

On 5 June 1997 the Cracow Court of Appeal upheld the first-instance judgment. A cassation appeal was available.

On 5 June 2002 the applicant requested to have the criminal proceedings against him re-opened. On 18 July 2002 the Supreme Court dismissed his request.

4. Censorship of the applicant’s correspondence

On 14 March 2002 the Court received the applicant’s letter of 25 February 2002. The envelope bore the following stamp: “Censored on 28 February 2002” (Ocenzurowano dnia 28.02.2002) and an illegible signature.