CASE OF KUBIAK v. POLAND
No violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life)
George Nicolaou;Ledi Bianku
5. The applicant was born in 1989 and is currently detained in Garbalin Prison. 6. On an unspecified date before 2010 the applicant was convicted of homicide and sentenced to imprisonment. The term of his imprisonment was to end in 2016. 7. At the relevant time he was detained in Włocławek Prison. 8. On 23 December 2010 the applicant’s grandmother died. 9. On 29 December 2010 in the morning the applicant received a telegram from his relatives informing him of the death of his grandmother and of the date of her funeral. The funeral was scheduled to take place on 30 December 2010 at 12 noon in Zgierz, a town located at a distance of approximately 100 kilometers from Włocławek. 10. On the same day the applicant made an application for leave from prison to attend his grandmother’s funeral. His application was transmitted by the penitentiary authorities to the Włocławek Regional Court via fax at 2.46 p.m. It read, in so far as relevant, as follows: “I kindly ask the Regional Court to grant me leave to attend the funeral of my grandmother. She was very close to me, she was the person who had raised me. Thank you very much for considering my request.” 11. By a decision of 30 December 2010 the Penitentiary Judge of the Włocławek Regional Court (sędzia penitencjarny), refused the applicant’s request. The reasons given for the decision were as follows: “... the convicted person’s application for compassionate leave under Article 141a § 1 of the Code of Execution of Criminal Sentences was refused due to the nature of the committed offence, negative opinion about the convicted (negatywna opinia środowiskowa) and the remote date foreseen for the completion of his sentence.” 12. The decision was notified in writing to the applicant on 31 December 2010. The applicant did not appeal against it as the funeral had already taken place and he considered that this would be purposeless.