PROCEDURE

The case originated in an application (no. 44025/08) 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 Robert Friedensberg (“the applicant”), on 13 April 2007.

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

On 18 February 2009 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

A. Criminal proceedings against the applicant

The applicant was born in 1971 and lives in Krasnystaw.

On 28 October 2005 the applicant was detained on remand by the decision of the Puławy District Court (Sąd Rejonowy).

The pre-trial detention was subsequently extended by the domestic courts.

During the detention the applicant served two prison sentences (of ten and four months respectively), ordered in different sets of criminal proceedings against him.

On 6 March 2007 the Puławy District Court convicted the applicant of numerous counts of robbery and sentenced him to three years' imprisonment.

On 27 September 2007 the Lublin Regional Court (Sąd Okręgowy) upheld the judgment of the District Court.

On 21 November 2007 the applicant's legal-aid counsel found no grounds for lodging a cassation appeal with the Supreme Court (Sąd Najwyższy).

B. Monitoring of the applicant's correspondence

While detained in the course of the above-mentioned proceedings, the applicant's correspondence was censored on several occasions.

All envelopes produced by the applicant bear a stamp that reads: “The Puławy District Court, Censored, date ...” (Sąd Rejonowy w Puławach, Ocenzurowano, dnia...) and an illegible signature. Those envelopes contained the following: a) one letter from the Lublin Oncological Centre (sent on 3 March 2006 and stamped on 15 March 2006); b) one letter from a hospital in Lublin (sent on 10 March 2006 and stamped on 20 March 2006); c) two letters from a sheltered-work factory (the first letter sent on 7 March 2006 and stamped on 20 March 2006; the second letter sent on 11 April 2006 and stamped on 24 April 2006); d) one letter from a bank in Poniatowa (sent on 5 September 2006 and stamped on 18 September 2006); e) one letter from the Opole Lubelskie District Employment Office (Powiatowy Urząd Pracy) (sent on 31 March 2006 and stamped on 11 April 2006); f) three letters from the Lublin Municipal Disability Evaluation Board (Miejski Zespół do Spraw Orzekania o Niepełnosprawności) (the first letter sent on 27 February 2006 and stamped on 6 March 2006; the second letter sent on 26 January 2007 and stamped on 1 February 2007; the third letter sent on 8 March 2007 and stamped on 15 March 2007); g) one letter from the ING Bank (sent on 10 May 2007 and stamped on 22 May 2007); h) three letters from the Lublin Social Security Board (Zakład Ubezpieczeń Społecznych) (the first letter sent on18 April 2006 and stamped on 10 May 2006; the second letter sent on 17 August 2006 and stamped on 24 August 2006; the third letter sent on 20 February 2007 and stamped on 1 March 2007).