CASE OF SEPCZYŃSKI v. POLAND
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Aleš Pejchal;Krzysztof Wojtyczek
5. The applicant was born in 1987 and lives in Łomża. 6. On 7 August 2010 the applicant had a motorcycle accident in which he broke his right arm and right thigh. Between 13 and 22 December 2010 the applicant underwent an arthroscopy on his right knee. Between 25 January and 15 February 2011 the applicant underwent rehabilitation treatment in Łomża Regional Hospital and during this stay no dysfunction was diagnosed in his right foot. 7. Subsequently, between 28 March and 26 July 2011, he was detained in Białystok Remand Centre. While in prison, he was examined three times (on 1 and 18 April and on 13 May 2011) by an orthopaedist, who observed that the applicant required physical therapy in the light of a limitation of his knee-joint movement, the atrophy of a thigh muscle, and an injury to a peroneal nerve. On 11 April 2011 the applicant was examined by a neurologist who likewise found atrophy of the thigh muscle and impaired bending of the right foot, which he attributed to an injury to the peroneal nerve. The applicant never received any physical therapy during his imprisonment, instead being offered only nonsteroidal anti-inflammatory medicines. 8. On an unspecified date, but not later than 27 March 2012, the applicant brought a civil action against the State Treasury/Białystok Remand Centre for infringement of his personal rights, claiming that the prison healthcare system had failed to provide him with appropriate medical care during his detention and, moreover, that the cells had not met the minimum spatial requirement of 3 square metres per person and had been mouldy and infested with insects. He requested 200,000 Polish zlotys (PLN) in compensation, the equivalent of approximately 48,300 euros (EUR). 9. On 27 March 2012 the Białystok Regional Court (Sąd Okręgowy) exempted the applicant from the court fees. 10. On 20 January 2014 the Białystok Regional Court granted the applicant PLN 23,000 (approximately EUR 5,550) and dismissed the remainder of his action. The court held, particularly on the basis of the medical expert opinion, that the applicant had had a motorcycle accident and had required physical therapy as recommended by the prison orthopaedist. However, he had not been given any, either in prison or outside, which had resulted in a deterioration of his health. The court established that, due to the lack of physical therapy, the applicant had suffered atrophy of the thigh muscle and foot drop affecting his right foot. The court compared this finding with the fact that upon his arrival the applicant had not been suffering from foot drop, the pain in his knee had not been severe, and his right leg muscles had been working more effectively. The court emphasised that the applicant had not been offered proper treatment despite a worsening of his symptoms. These changes in his physical condition would not have been irreversible, but the break in the therapy had entailed a prolonged rehabilitation process. The court stated that the rehabilitation process for the applicant would be long and arduous, a situation which could have been avoided had the defendant acted appropriately. The court held that the applicant had suffered physical pain of significant seriousness, which, in turn, had had negative psychological consequences. The court therefore found the applicant’s claim for compensation for lack of adequate medical care partly justified. The claim concerning the alleged overcrowding and inadequate sanitary conditions was dismissed in full. The court also ordered the applicant to reimburse PLN 3,186 (EUR 766) for the costs of the defendant’s legal representation and PLN 10,932 (EUR 2,628) in court fees (in total: PLN 14,118 (EUR 3,394)). 11. The applicant did not lodge an appeal against the first-instance judgment. 12. Following the defendant’s appeal against the judgment, on 12 September 2014 the Białystok Court of Appeal (Sąd Apelacyjny) amended the judgment, reduced the compensation granted to the applicant to PLN 13,000 (EUR 3,095), and upheld the first-instance court’s findings of fact and law. The applicant was not ordered to pay the court fees for the proceedings before that court. This court pointed out that in the experts’ opinions it was not specified, even approximately, what the effects of the negligence might be, how much longer the rehabilitation process would take, or how much stronger the pain had become in comparison to pain experienced previously by the applicant.