PROCEDURE

The case originated in an application (no. 26761/95) 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 a Polish national, Mr Wacław Płoski (“the applicant”), on 27 July 1994.

The applicant, who had been granted legal aid, was represented by Mrs B. Słupska-Uczkiewicz, a lawyer practising in Wrocław, Poland. The Polish Government (“the Government”) were represented by their Agent, Mr K. Drzewicki.

The applicant alleged, in particular, that the refusal to allow him to attend the funerals of his parents was in breach of Article 8.

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 of the Rules of Court.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section.

By a decision of 4 December 2001 the Court declared the application partly admissible.

The applicant and the Government each filed observations on the merits (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 2 in fine).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1949 and lives in Wrocław, Poland.

On 22 February 1994 the applicant was arrested by the police.

On 24 February 1994 the applicant was brought before the Wrocław District Prosecutor (Prokurator Rejonowy) who charged him with larceny and detained him on remand.

On 2 July 1994 the applicant’s mother died.

On 3 July 1994 the applicant made an application for leave to attend the funeral of his mother. The application was in the following terms: “I kindly ask you to grant me leave, on the basis of the telegram received on 3.7.94, [to attend] the funeral of my mother Płoska Stefania, address Bełchatów 67-400, Osiedle Dolnośląskie, Blok 225 – who died, which is confirmed by the telegram [informing] that her funeral will take place on 5.07.1994. I very kindly ask you to grant me leave – I would like to pay last respects to my mother, a beloved person whom I lost. I ask you to agree to my request – I thank you very much for that.”

The application was accompanied by the statement of a prison officer who supported the applicant’s request.

On 4 July 1994 the Wrocław-Śródmieście District Court refused the permission to grant the applicant leave considering that he “was a habitual offender whose return to the prison cannot be guaranteed.”

On 5 July 1994 the Penitentiary Judge rejected the applicant’s application for leave to attend the funeral of his mother. The judge’s decision was worded as follows: “Further to the application of 3.07.1994 for compassionate leave I hereby inform you that, after analysing the case, I have not found grounds for granting such leave because there are no compassionate circumstances as referred to in Art. 59 § 1 of the Code of the Enforcement of Sentences. I should inform you that the Wrocław-Śródmieście District Court on 4.07.94 (...) refused permission to grant compassionate leave.”

On 3 August 1994 the applicant’s father died.

On 6 August 1994 the applicant made an application for leave to attend the funeral of his father. The application was in the following terms: “I kindly ask you to grant me a compassionate leave because my father Wacław Płoski has died. The funeral will take place on 8.08.1994 and I would like to attend it and to pay last respects to him. I should add that this is yet another death because in July 94 my mother died and I did not attend her funeral. Now my dad has died, so that I have been left without parents and I would like to bid farewell and attend my dad’s funeral. I declare that I will return from leave on time and I will not breach the trust. I ask you to agree to my request and I thank you for that.”

The application was accompanied by the statement of a prison officer who confirmed that the applicant’s “behaviour was beyond reproach” and that he “stayed in touch with his wife and children.”

On 8 August 1994 the Wrocław-Śródmieście District Court refused permission to grant the applicant leave. The court gave the following reasons for its decision: “The charges against the accused involve a significant danger to society. The accused Wacław Płoski is a habitual offender within the meaning of Article 60 § 2 of the Criminal Code. In the court’s view, his return to the Detention Centre cannot be guaranteed. It should be pointed out that the next hearing has been fixed for 11 August 1994. For these reasons the above decision has been made.”

On 9 August 1994 the Penitentiary Judge refused the applicant’s application for leave to attend the funeral of his father. The judge’s decision was worded as follows: “Further to the application of 6.08.1994 for compassionate leave I hereby inform you that, after analysing the case, I have not found grounds for granting such leave because there are no compassionate circumstances as provided by Art. 59 § 1 of the Code of the Enforcement of Sentences – permission refused by the Wrocław-Śródmieście District Court”

In a letter of 17 January 1995 the applicant requested the President of the Wrocław Regional Court (Sąd Wojewódzki) to provide him with a written explanation of the reasons for which he had not been allowed to attend, either alone or under police escort, the funerals of his mother and father. On 31 January 1995 the Legal Secretary of the Wrocław Regional Court advised the applicant that his requests for leave had been rejected because he had been a recidivist posing a risk of absconding.

On 26 May 1995 the applicant was convicted of larceny and received a prison term.

On 27 February 1996 the applicant was released from prison.