PROCEDURE

The case originated in an application (no. 46859/06) 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 Krzysztof Nurzyński (“the applicant”), on 8 November 2006.

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

The applicant alleged that his right to respect for his family life had been infringed.

On 11 December 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 (former Article 29 § 3 of the Convention, now Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1973 and lives in Łódź.

On 11 October 2005 the applicant was arrested on charges of aggravated assault and theft.

On 13 October 2005 the Łódz District Court ordered his pre-trial detention, which was subsequently extended on several occasions.

The applicant's mother and wife were witnesses during the investigation stage of the proceedings.

On 30 March 2006 a bill of indictment was lodged with the Łódź District Court. The applicant was charged with aggravated assault and theft.

On an unknown date the applicant's wife and mother applied to be allowed to visit the applicant in prison. Their applications bear handwritten notes “refusal, the person is a witness”, illegible signatures and the date of 3 April 2006.

On 17 July and 2 August 2006 the applicant requested to be allowed to maintain personal contact with his family. His applications were rejected. The authorities noted that the family members themselves should apply for permission to visit the applicant in prison.

On 14 November 2006 the applicant's mother applied for permission to visit the applicant in prison. Her application bears a note “refusal, witness in the case”, an illegible signature and the date of 14 November 2006.

During a hearing held on 3 April 2007 the applicant's mother and wife stated that they refused to testify at the trial. On the same day, the applicant's mother was granted permission to visit the applicant in prison.

On 27 June 2007 the applicant and his wife were granted a divorce.

On 29 July 2008 the Łódź District Court convicted the applicant as charged and sentenced him to two years' imprisonment.

The applicant's pre-trial detention was lifted on 8 October 2008. After that date he was visited by his mother on 11 occasions.