PROCEDURE

The case originated in an application (no. 17584/04) 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 Włodzimierz Celejewski (“the applicant”), on 23 April 2004.

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

On 19 April 2005 the President of the Fourth Section Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1963 and is at present detained in the Częstochowa Detention Centre.

On 7 March 2002 the applicant was arrested by the police.

On 7 March 2002 the Kraków District Court (Sąd Rejonowy) ordered that the applicant be detained on remand in view of the reasonable suspicion that he had committed several crimes including kidnapping for ransom and extorting protection money. Later, six other persons were detained and charged in connection with the same set of crimes.

On 22 May 2002 the Kraków Regional Court (Sąd Okręgowy) prolonged the applicant’s detention until 28 August 2002 considering that the strong suspicion against him of having committed the serious crimes with which he had been charged and the risk of going into hiding and tampering with evidence justified holding him in custody.

The applicant’s detention on remand was prolonged on 13 August and 25 November 2002.

On 19 February 2003 the Katowice Court of Appeal (Sąd Apelacyjny) prolonged the applicant’s detention on the grounds that there was a strong suspicion that he had committed the crimes in question, that a severe sentence of imprisonment might be imposed on him and that keeping him in custody was necessary to secure the proper course of the investigation.

On 7 May 2003 the Katowice Court of Appeal further prolonged the applicant’s detention considering that the grounds originally given for remanding him in custody were still valid.

On 14 August 2003 the Katowice Regional Prosecutor (Prokurator Okręgowy) filed a bill of indictment against the applicant and nine other persons that comprised 41 charges. The applicant was indicted on charges of having committed in total thirteen offences, including three offences while acting in an organised group.

The applicant’s detention was prolonged by the Katowice Regional Court on 25 August 2003. The court reiterated the grounds given previously for keeping him in custody and added: “The strong probability that severe imprisonment may be imposed on [the applicant] creates a legal presumption that [the applicant and other accused] will obstruct the criminal proceedings.”...

On an unspecified date the case was transferred to the Częstochowa Regional Court.

On 10 February 2004 the Częstochowa Regional Court made a request under Article 263 § 4 of the Code of Criminal Procedure in which it asked the Katowice Court of Appeal to extend the applicant’s detention.

On 18 February 2004 the Katowice Court of Appeal allowed the request submitted by the Regional Court and prolonged the applicant’s detention until 31 October 2004. In addition to the grounds previously given – the reasonable suspicion of his having committed the offences in question and the risk of a severe sentence – the court found that the complexity of the case justified the applicant’s detention. The applicant’s appeal was dismissed on 1 April 2004.

On 2 June 2004 the Katowice District Court decided to detain the applicant on remand in connection with another set of criminal proceedings against him. Subsequently, the applicant was indicted in this set of proceedings. The applicant’s detention ordered in this set of proceedings had been prolonged on several occasions and the applicant remains detained on the order of this court.

On 22 October 2004 and 20 May 2005 the Katowice Court of Appeal further prolonged the applicant’s pre-trial detention. In the latter decision the court examined the course of the trial and found that there were no delays and that the trial court had proceeded according to the schedule. The court pointed to the particular complexity of the case involving an organised group charged with numerous offences and the substantial amount of adduced evidence. On 16 June 2005 the applicant’s appeal against this decision was dismissed.

On 26 October 2005 the Katowice Court of Appeal allowed another application of the Częstochowa Regional Court and prolonged the applicant’s detention until 31 December 2005. The court reiterated the reasons invoked on the previous occasions.

The applicant submits that he was not informed about the majority of the scheduled court sessions at which his detention on remand was prolonged, therefore he could not attend them.

On 20 December 2005 the Częstochowa Regional Court gave judgment. The applicant was convicted and sentenced to fourteen years’ imprisonment.

It appears that he lodged an appeal against the judgment and that the appellate proceedings are pending.