I correctly predicted that there was a violation of human rights in CZESZEL v. POLAND.
Information
- Judgment date: 2022-10-13
- Communication date: 2021-01-27
- Application number(s): 47731/19
- Country: POL
- Relevant ECHR article(s): 3, 5, 5-3
- Conclusion:
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.783619
- Prediction: Violation
Consistent
Legend
Communication text used for prediction
The applicant, Mr Mirosław Czeszel, is a Polish national, who was born in 1960 and lives in Zaścianki.
He is represented before the Court by Mr P. Kardas, a lawyer practising in Kraków.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 7 May 2015 the applicant was presented with 36 charges, including managing an organised criminal group and multiple counts of credit fraud.
The charges were subsequently extended.
The final bill of indictment referred to 61 charges against the applicant.
On 11 May 2015 the applicant was arrested.
On 13 May 2015 the Białystok District Court (Sąd Rejonowy) detained him for 3 months.
The court reasoned that it was highly probable that he had committed the offences in question, stressed the risk of tampering with evidence and referred to the fact that he faced a severe sentence.
Moreover, the detention was justified as the applicant did not have a permanent place of residence.
The court dismissed the applicant’s argument that he had pleaded guilty to most of his charges because, in the court’s view, he had tried to minimise his involvement in the criminal activity.
In the course of the investigation the applicant’s detention was extended several times by the Białystok Regional Court (Sąd Okręgowy) on 6 August and 5 November 2015 and 4 February 2016, and by the Białystok Court of Appeal (Sąd Apelacyjny) on 29 April, 22 July and 26 October 2016, 20 January, 25 April, 23 June, 18 August, 20 September and 22 November 2017 and 19 January 2018.
The domestic courts based their decisions on a significant probability that the applicant had committed the offences in question and on the fact that he faced a severe sentence.
Moreover, he had been accused of managing an organised criminal group and committing offences within it, which increased the risk of obstructing the proceedings.
The courts also referred to the complicated nature of the case and the risk of absconding because he did not have a permanent residence in Poland (although he undoubtedly had lived in Poland his whole life).
The courts stressed several times that a co-accused fled the country after he had been released from detention (see for example the Białystok Regional Court decisions of 2 November 2015 and 4 February 2016).
At the later stage of the investigation the domestic courts extended the detention for periods shorter than the customary three months and focused mostly on the need to conclude the investigation and the reasons why it had not been possible to do so before.
They still relied on the risk of absconding or tampering with evidence, however their reasoning in this respect was very concise.
On 9 February 2018 the applicant was indicted with 61 charges.
In the course of the court proceedings the applicant’s detention was extended several times by the Białystok Court of Appeal (on 22 February 2018) and the Warsaw Court of Appeal (on 17 May, 13 August, 14 November and 19 December 2018).
The courts referred to the complicated nature of the case, the risk of tampering with evidence and the fact that he faced a severe sentence.
The applicant appealed against some of the detention decisions.
The appeals were dismissed by the Białystok Regional Court (on 3 June 2015), the Białystok Court of Appeal (on 26 November 2015, 4 March and 26 August 2016, 18 May and 28 December 2017 and 8 February 2018) and the Warsaw Court of Appeal (on 18 July 2018 and 19 December 2018).
Additionally, the applicant or his lawyer filed several unsuccessful requests for release from detention or for imposing less severe preventive measures.
On 19 February 2019 after examining the applicant’s appeal against the 19 December 2018 order and acting as a second instance court, the Warsaw Court of Appeal decided that the applicant could be released on bail.
The amount of bail was set at PLN 1,000,000 (approx.
EUR 250,000).
The applicant would be additionally placed under police supervision, prohibited from leaving the country and prohibited from contacting the co-defendants and witnesses.
The court reasoned that in the light of the length of the applicant’s detention, the risk of absconding and tampering with evidence significantly decreased.
The court also held that the Warsaw Regional Court, which requested the extension of the detention, had not indicated which procedural steps in the course of the trial required the applicant’s further detention.
The applicant did not pay the bail.
Subsequently, various domestic courts extended the applicant’s detention modifying the conditions of the bail (the Warsaw Court of Appeal decision of 21 February 2019 upheld by the same court after the applicant’s appeal on 19 March 2019, the same court’s decision of 25 March 2019, the Warsaw Regional Court’s rulings of 8 and 25 April and 13 May 2019).
The prosecutor appealed against some of those decisions, but all his appeals were dismissed on 30 May 2019.
On 23 May 2019 the Warsaw Court of Appeal set bail at PLN 300,000 (approx.
EUR 75,000) in cash and a real estate mortgage for PLN 450,000 (approx.
EUR 112,500).
The applicant was additionally placed under police supervision and prohibited from leaving the country and contacting the co‐defendants and witnesses (with the exception of two individuals).
On 4 July 2019 the Warsaw Court of Appeal dismissed the prosecutor’s appeal against that decision.
The bail was paid and the mortgage was submitted on 27 May 2019.
The applicant was released on 28 May 2019.
The relevant domestic law and practice concerning detention on remand (tymczasowe aresztowanie), the grounds for its extension, release from detention and rules governing other so-called “preventive measures” (środki zapobiegawcze) are set out in the Court’s judgments in the cases of Gołek v. Poland (no.
31330/02, §§ 27-33, 25 April 2006), Celejewski v. Poland (no.
17584/04, §§ 22-23, 4 May 2006) and Kauczor v. Poland (no.
45219/06, §§ 25-33, 3 February 2009).
COMPLAINT The applicant complains under Article 5 § 3 of the Convention of the unreasonable length of his detention on remand.
Judgment
FIRST SECTIONCASE OF CZESZEL v. POLAND
(Application no. 47731/19)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision. In the case of Czeszel v. Poland,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Alena Poláčková,
Davor Derenčinović, Judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the application (no. 47731/19) 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”) on 19 August 2019 by a Polish national, Mr Mirosław Czeszel, born in 1960 and living in Zaścianki (“the applicant”) who was represented by Mr P. Kardas, a lawyer practising in Cracow;
the decision to give notice of the complaint concerning the allegedly excessive length of the applicant’s detention on remand to the Polish Government (“the Government”), represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs, and to declare inadmissible the remainder of the application;
the parties’ observations;
Having deliberated in private on 20 September 2022,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. The present case concerns the allegedly excessive length of the applicant’s detention on remand. 2. The applicant was detained in the course of criminal proceedings which concerned multiple credit fraud. The final bill of indictment referred to 61 charges against the applicant, including managing an organised criminal group. At that moment the case files comprised 118 volumes and 42 volumes of attachments. 3. The applicant was arrested on 11 May 2015 and detained on 13 May 2015 by a decision of the Białystok District Court. In the course of the proceedings the applicant’s detention was systematically extended. The domestic courts based their decisions on a significant probability that the applicant had committed the offences in question and on the fact that he faced a severe sentence. Moreover, he had been accused of managing an organised criminal group and committing offences within it, which increased the risk of obstructing the proceedings. The courts also referred to the complicated nature of the case and the risk of his absconding because he did not have a permanent residence in Poland. The courts stressed several times that a co‐accused had fled the country after being released from detention. The courts dismissed the applicant’s argument that he had pleaded guilty to most of the charges because, in their view, he had tried to minimise his involvement in the criminal activity. 4. The applicant was indicted on 9 February 2018. 5. On 19 February 2019 the Warsaw Court of Appeal decided that the applicant could be released on bail for the amount of 1,000,000 Polish zlotys (PLN) (approximately 250,000 euros (EUR)). The court reasoned that in the light of the length of the applicant’s detention, the risk of absconding and tampering with evidence was significantly decreased. The court also held that the Warsaw Regional Court, which requested the extension of the detention, had not indicated which procedural steps in the course of the trial required the applicant’s further detention. 6. The applicant did not pay bail. Subsequently, various domestic courts extended the applicant’s detention modifying the bail conditions. 7. On 23 May 2019 the Warsaw Court of Appeal set bail at PLN 300,000 (approximately EUR 75,000) in cash and a real estate mortgage for PLN 450,000 (approximately EUR 112,500). The applicant was additionally placed under police supervision and prohibited from leaving the country and contacting co‐defendants and witnesses. Bail was paid and the mortgage submitted on 27 May 2019. The applicant was released on 28 May 2019. 8. The applicant complained under Article 5 § 3 of the Convention that the length of his detention was unreasonable. THE COURT’S ASSESSMENT
9. The Government raised a preliminary objection of non‐exhaustion of domestic remedies, as the applicant failed to appeal against six decisions extending his detention and four decisions setting conditions of the applicant’s bail. 10. The Court observes that the applicant did challenge nine decisions regarding his detention and filed six requests for release. The applicant’s last appeal against extension of his detention resulted in the decision of 19 February 2019, setting a bail for the first time (see paragraph 5 above). Thereafter, the applicant filed various motions to adjust the terms of the bail to his financial means in order to obtain his release. According to the Court’s case-law in similar cases the applicant is not required to appeal against each and every decision extending his detention (see, for example, Bielski v. Poland and Germany, no. 18120/03, § 33, 3 May 2011). It follows that this preliminary objection must be dismissed. 11. The Government further argued that the application was manifestly ill‐founded within the meaning of Article 35 § 3 (a) of the Convention. They submitted that the reasons relied on by the domestic courts justified the entire length of the applicant’s detention. The applicant was accused of managing an organised criminal group, the case was complex, and the proceeding were conducted with adequate diligence. 12. The applicant contested the Government’s arguments and maintained his claims. 13. The general principles concerning the right to “trial within a reasonable time” or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been summarised in Kudła v. Poland ([GC], no. 30210/96, § 110, ECHR 2000-XI) and Buzadji v. the Republic of Moldova ([GC], no. 23755/07, §§ 84-91, 5 July 2016). 14. The applicant’s detention started on 11 May 2015 and ended on 28 May 2019 when he was released on bail. The Court notes that already on 19 February 2019 the applicant was granted bail, however, of a considerable amount (see paragraph 5 above). Since the applicant was unable to pay it, he repeatedly asked the domestic courts to lower the sum, which was finally granted on 23 May 2019 by the Warsaw Court of Appeal (see paragraph 7 above). Having regard to its case-law on the subject (see Kolakovic v. Malta, no. 76392/12, § 70-71, 19 March 2015), the Court considers that the period to be taken into account amounts to four years and eighteen days. 15. In the present case, when extending the applicant’s detention the domestic courts consistently relied on the gravity of the charges, the complicated nature of the case and the likelihood that the applicant would abscond or obstruct the proceedings (see paragraph 3 above). However, with the passage of time those initial grounds for pre-trial detention became less and less relevant and the domestic courts failed to rely on other “relevant” and “sufficient” grounds to justify the deprivation of liberty. 16. In the instant case, the Government has not provided arguments susceptible to justify the entire length the applicant’s pre-trial detention. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicant’s detention on remand was excessive. 17. The application is therefore admissible and discloses a violation of Article 5 § 3 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. The applicant claimed 25,000 euros (EUR) in respect of non‐pecuniary damage. He did not make any claims for pecuniary damage or costs and expenses. 19. The Government considered the sum in question exorbitant. 20. The Court awards the applicant EUR 5,300, plus any tax that may be chargeable, in respect of non-pecuniary damage. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicant, within three months, EUR 5,300 (five thousand three hundred euros) to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable, in respect of non‐pecuniary damage;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Liv Tigerstedt Péter Paczolay Deputy Registrar President
FIRST SECTION
CASE OF CZESZEL v. POLAND
(Application no. 47731/19)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision. In the case of Czeszel v. Poland,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Alena Poláčková,
Davor Derenčinović, Judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the application (no. 47731/19) 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”) on 19 August 2019 by a Polish national, Mr Mirosław Czeszel, born in 1960 and living in Zaścianki (“the applicant”) who was represented by Mr P. Kardas, a lawyer practising in Cracow;
the decision to give notice of the complaint concerning the allegedly excessive length of the applicant’s detention on remand to the Polish Government (“the Government”), represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs, and to declare inadmissible the remainder of the application;
the parties’ observations;
Having deliberated in private on 20 September 2022,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. The present case concerns the allegedly excessive length of the applicant’s detention on remand. 2. The applicant was detained in the course of criminal proceedings which concerned multiple credit fraud. The final bill of indictment referred to 61 charges against the applicant, including managing an organised criminal group. At that moment the case files comprised 118 volumes and 42 volumes of attachments. 3. The applicant was arrested on 11 May 2015 and detained on 13 May 2015 by a decision of the Białystok District Court. In the course of the proceedings the applicant’s detention was systematically extended. The domestic courts based their decisions on a significant probability that the applicant had committed the offences in question and on the fact that he faced a severe sentence. Moreover, he had been accused of managing an organised criminal group and committing offences within it, which increased the risk of obstructing the proceedings. The courts also referred to the complicated nature of the case and the risk of his absconding because he did not have a permanent residence in Poland. The courts stressed several times that a co‐accused had fled the country after being released from detention. The courts dismissed the applicant’s argument that he had pleaded guilty to most of the charges because, in their view, he had tried to minimise his involvement in the criminal activity. 4. The applicant was indicted on 9 February 2018. 5. On 19 February 2019 the Warsaw Court of Appeal decided that the applicant could be released on bail for the amount of 1,000,000 Polish zlotys (PLN) (approximately 250,000 euros (EUR)). The court reasoned that in the light of the length of the applicant’s detention, the risk of absconding and tampering with evidence was significantly decreased. The court also held that the Warsaw Regional Court, which requested the extension of the detention, had not indicated which procedural steps in the course of the trial required the applicant’s further detention. 6. The applicant did not pay bail. Subsequently, various domestic courts extended the applicant’s detention modifying the bail conditions. 7. On 23 May 2019 the Warsaw Court of Appeal set bail at PLN 300,000 (approximately EUR 75,000) in cash and a real estate mortgage for PLN 450,000 (approximately EUR 112,500). The applicant was additionally placed under police supervision and prohibited from leaving the country and contacting co‐defendants and witnesses. Bail was paid and the mortgage submitted on 27 May 2019. The applicant was released on 28 May 2019. 8. The applicant complained under Article 5 § 3 of the Convention that the length of his detention was unreasonable. THE COURT’S ASSESSMENT
9. The Government raised a preliminary objection of non‐exhaustion of domestic remedies, as the applicant failed to appeal against six decisions extending his detention and four decisions setting conditions of the applicant’s bail. 10. The Court observes that the applicant did challenge nine decisions regarding his detention and filed six requests for release. The applicant’s last appeal against extension of his detention resulted in the decision of 19 February 2019, setting a bail for the first time (see paragraph 5 above). Thereafter, the applicant filed various motions to adjust the terms of the bail to his financial means in order to obtain his release. According to the Court’s case-law in similar cases the applicant is not required to appeal against each and every decision extending his detention (see, for example, Bielski v. Poland and Germany, no. 18120/03, § 33, 3 May 2011). It follows that this preliminary objection must be dismissed. 11. The Government further argued that the application was manifestly ill‐founded within the meaning of Article 35 § 3 (a) of the Convention. They submitted that the reasons relied on by the domestic courts justified the entire length of the applicant’s detention. The applicant was accused of managing an organised criminal group, the case was complex, and the proceeding were conducted with adequate diligence. 12. The applicant contested the Government’s arguments and maintained his claims. 13. The general principles concerning the right to “trial within a reasonable time” or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been summarised in Kudła v. Poland ([GC], no. 30210/96, § 110, ECHR 2000-XI) and Buzadji v. the Republic of Moldova ([GC], no. 23755/07, §§ 84-91, 5 July 2016). 14. The applicant’s detention started on 11 May 2015 and ended on 28 May 2019 when he was released on bail. The Court notes that already on 19 February 2019 the applicant was granted bail, however, of a considerable amount (see paragraph 5 above). Since the applicant was unable to pay it, he repeatedly asked the domestic courts to lower the sum, which was finally granted on 23 May 2019 by the Warsaw Court of Appeal (see paragraph 7 above). Having regard to its case-law on the subject (see Kolakovic v. Malta, no. 76392/12, § 70-71, 19 March 2015), the Court considers that the period to be taken into account amounts to four years and eighteen days. 15. In the present case, when extending the applicant’s detention the domestic courts consistently relied on the gravity of the charges, the complicated nature of the case and the likelihood that the applicant would abscond or obstruct the proceedings (see paragraph 3 above). However, with the passage of time those initial grounds for pre-trial detention became less and less relevant and the domestic courts failed to rely on other “relevant” and “sufficient” grounds to justify the deprivation of liberty. 16. In the instant case, the Government has not provided arguments susceptible to justify the entire length the applicant’s pre-trial detention. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicant’s detention on remand was excessive. 17. The application is therefore admissible and discloses a violation of Article 5 § 3 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. The applicant claimed 25,000 euros (EUR) in respect of non‐pecuniary damage. He did not make any claims for pecuniary damage or costs and expenses. 19. The Government considered the sum in question exorbitant. 20. The Court awards the applicant EUR 5,300, plus any tax that may be chargeable, in respect of non-pecuniary damage. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicant, within three months, EUR 5,300 (five thousand three hundred euros) to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable, in respect of non‐pecuniary damage;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Liv Tigerstedt Péter Paczolay Deputy Registrar President