PROCEDURE

The case originated in an application (no. 63905/00) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Adam Wasilewski, represented before the Court by Mr Marek Wasilewski, his father and legal guardian.

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

The applicant alleged, in particular, that his right to the respect for his correspondence, guaranteed by Article 8 of the Convention, was breached.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 28 September 2004, the Court declared the application partly admissible.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a further decision of 28 June 2005 the Court declared inadmissible the applicant’s complaint about the length of criminal proceedings against him.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 15 April 1998 the applicant was arrested and charged with attempted extortion of money by threats. On 16 April the Pruszków District Court dismissed the applicant’s appeal against the detention order, finding that in the light of the evidence the arrest was justified.

On 17 April 1998 the Pruszków District Court decided to detain the applicant on remand. Subsequently, throughout the initial period of his detention, at least until 2 July 1998, the applicant remained in the detention centre Warszawa-Białołęka.

On an unspecified date after 2 July 1998 the applicant was transferred to the detention centre Warszawa-Mokotów.

On 26 July 1998 the applicant sent his first letter to the European Commission of Human Rights. A letter of 24 August 1998, sent by the Commission to the applicant, was intercepted, opened and read by the prosecutor conducting the investigations in the applicant’s case. The envelope in which the letter was delivered bears the following stamps: Detention Centre Warszawa-Białołęka, 8 September 1998; Detention Centre Warszawa 10 September 1998, Detention Centre in Olsztyn 12 October 1998, the Barczewo Prison 14 October 1998. It also bears a note: Censored, 15 September 1998 (“Ocenzurowano”) signed by an illegible signature.

The applicant requested that criminal proceedings be instituted in respect of the interference with his correspondence from the European Commission of Human Rights.

On 27 December 2001 the Warszawa-Ochota District Prosecutor discontinued the investigation of the applicant’s complaint about the letter of 24 August 1998 having been intercepted, opened and read, finding that no criminal offence had been committed. The applicant appealed.

By a decision of 9 May 2002 the Pruszków District Court dismissed his appeal. The court observed that the prosecutor Z.O. who had opened the letter had been authorised by law to open it, to read its contents and to decide whether to forward it to the detained person. The court further considered that Article 103 of the Code of Enforcement of Criminal Sentences, insofar as it prohibited interference with correspondence with international institutions for the protection of human rights, was applicable only to persons convicted by final judicial decisions. Hence, it was not applicable to the situation of the applicant who had at the material time been detained on remand and his situation was therefore governed by other provisions.