CASE OF ROMANIUK v. POLAND
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
András Sajó;Egidijus Kūris;Krzysztof Wojtyczek;Paulo Pinto De Albuquerque;Vincent A. De Gaetano
5. The applicant was born in 1985 and lives in Sokołów Podlaski. 6. On 8 April 2009 the applicant was arrested and remanded in custody. He was charged with, inter alia, murder, attempted murder, and illegal possession of firearms. 7. On 2 December 2011 the Ostrołęka Regional Court convicted the applicant of battery and attempted murder and sentenced him to twelve years’ imprisonment. 8. On 25 October 2012 the Białystok Court of Appeal upheld the firstinstance judgment. 9. On 8 November 2013 the Supreme Court dismissed the applicant’s cassation appeal. 10. On 10 April 2009 the Czerwony Bór Prison Penitentiary Commission (“the commission”) classified the applicant as a “dangerous detainee”. It considered that it was necessary to place him in a cell for dangerous detainees as he had been charged with murder committed with the use of firearms. The commission referred to the applicant’s “personal circumstances and serious lack of moral character”. The applicant did not appeal against the decision. 11. Between 7 July 2009 and 7 January 2010, the commission reviewed its decision every three months. In renewing its decision to classify the applicant as a “dangerous detainee”, the commission reiterated the same reasoning, which read as follows: “His characteristics, personal circumstances, serious lack of moral character and [the fact of] being charged with offences committed with the use of a firearm, pose a serious danger to society and to the security of the remand centre.” 12. The reasoning given on 5 April, 30 June and 30 September 2011 differed slightly in that gave a detailed description of the offences with which the applicant had been charged as the grounds for extending the regime. The commission referred to the offences of murder and three attempts to commit murder with the use of a firearm. 13. The applicant lodged an appeal against the decision of 30 September 2011. 14. On 13 December 2011 the Białystok Regional Court dismissed the applicant’s appeal, holding that the decision had been lawful. 15. On 29 December 2011 the commission extended the application of the “dangerous detainee” regime to the applicant for the eleventh time. The reasoning given was the same as in the decisions of 2009. 16. On 29 March 2012 the commission lifted the “dangerous detainee” regime in respect of the applicant. It considered that, on the basis of the relevant documentation and the assessment of the applicant’s behaviour, he no longer posed a danger to society or to the security of the remand centre.