CASE OF PRUS 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 1987 and is detained in Lublin. 6. On 1 December 2005 the applicant was arrested and remanded in custody. In 2006 he was convicted of three counts of battery and robbery and received prison sentences ranging from two to four years. On 28 November 2006 the Lublin Regional Court imposed a cumulative sentence for four criminal convictions. 7. On 5 November 2010 the Opole Lubelskie Prison Penitentiary Commission imposed on the applicant the so-called “dangerous detainee” regime. The commission held that the applicant had been the leader of or an active participant in a planned collective remonstrance in Opole Lubelskie Prison (Article 88a § 2 (2a) of the Code of Execution of Criminal Sentences), as the detainees refused to accept food provided by the prison authorities. The authorities learned that the detainees were planning another collective protest for 11 November 2010. The commission also considered that the applicant was particularly depraved. 8. On 18 January 2011 the Opole Lubelskie Prison Penitentiary Commission rejected an appeal lodged by the applicant and dismissed his request for leave to examine the appeal outside the statutory time-limit. 9. Subsequently, the applicant was transferred to the Lublin Remand Centre. 10. On 3 February 2011 the Lublin Remand Centre Penitentiary Commission reviewed and upheld the decision to apply the regime to the applicant, considering that he posed a serious threat to the security of the detention centre. The applicant appealed. 11. On 4 April 2011 the Lublin Regional Court dismissed the appeal. The court referred to the reasons given in the decision of 5 November 2010, holding that the decision had been lawful and justified. 12. On 3 March 2011 the applicant lodged a complaint with the Lublin Regional Inspectorate of Prisons. He complained that he was having difficulties in accessing educational activities in the Lublin Remand Centre. The authorities dismissed the complaint, holding that educational activities were not organised for dangerous prisoners. 13. On an unspecified date in 2011 the applicant notified the police of his allegedly unlawful classification as a “dangerous detainee” on 5 November 2010. He claimed that the Opole Lubelskie Prison authorities had exceeded their powers in imposing the regime on him. On 29 April 2011 the Opole Lubelskie District Prosecutor refused to open an investigation in the case, holding that no offence had been committed. 14. On 28 April 2011 the Lublin Remand Centre Penitentiary Commission revoked its decision to classify the applicant as a “dangerous detainee”. It considered that the applicant’s behaviour had improved and that he no longer posed a threat to the security of the remand centre.