PROCEDURE

The case originated in an application (no. 12772/06) 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 Marek Kotowski (“the applicant”), on 12 March 2006.

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

On 25 March 2008 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 1964 and lives in Bydgoszcz.

A. Criminal proceedings against the applicant and his detention on remand

On 13 July 2005 the applicant was arrested on suspicion of physical and mental cruelty towards his common-law wife. On 16 July 2005 he was detained on remand. The court relied on the reasonable suspicion that the applicant had committed the offence with which he had been charged, which was supported by evidence from witnesses and documents. The court also relied on the risk that he might tamper with evidence, since the victim was his next of kin.

On 12 October 2005 the Bydgoszcz District Court (Sąd Rejonowy) extended his detention until 13 January 2006. It referred to the likelihood of a severe sentence of imprisonment being imposed on the applicant. It also relied on the risk that he might tamper with evidence.

On 4 January 2006 the court extended the applicant’s detention until 13 April 2006. On 10 April 2006 it ordered that the term should be extended until 13 July 2006. The court referred to the grounds for detention listed in the previous decisions.

In the meantime, the District Court had proceeded with the trial. The hearings were held on 29 November 2005, 4 January, 6 February and 8 May 2006. The court heard evidence from 12 witnesses and in the course of the proceedings two expert reports were given.

In the course of the proceedings the applicant made numerous, unsuccessful applications for release and appealed, likewise unsuccessfully, against refusals to release him and decisions extending his detention.

On 11 May 2006 the Bydgoszcz District Court convicted the applicant as charged and sentenced him to 3 years’ imprisonment. He appealed.

The applicant’s detention was subsequently extended on several occasions.

On 5 January 2007 the Bydgoszcz Regional Court (Sąd Okręgowy) upheld the trial court’s judgment.

On 17 August 2007 the Supreme Court (Sąd Najwyższy) dismissed the applicant’s cassation appeal as being manifestly ill-founded.

B. Censorship of the applicant’s correspondence

On 2 October 2006 the applicant complained that the Court’s letter of 15 September 2006 had been censored by the authorities. The envelope of this letter, produced by the applicant, bears a red stamp that read: “Censored” (Cenzurowane).