CASE OF KARYKOWSKI 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 1966 and is detained in Stargard Szczeciński. 6. The applicant is a habitual offender. He was arrested on an unspecified date on suspicion of uttering threats. He was subsequently convicted as charged and sentenced to three years and six months’ imprisonment. He was first detained in Nowogard Prison and subsequently in Goleniów Prison. 7. On 7 September 2011 the applicant’s cell was searched. During the search the prison officers found a note entitled “Protest letter” signed by 135 prisoners. The prisoners stated their opposition to the forthcoming changes to the Code of Execution of Criminal Sentences affecting, in particular, the possibility of shopping during prison visits. The letter was confiscated by the authorities. 8. On 8 September 2011 the Nowogard Prison Penitentiary Commission imposed on the applicant the so-called “dangerous detainee” regime. The commission held that the applicant was one of the organisers of a planned collective remonstrance in Nowogard Prison, and that it was therefore necessary to isolate him from other prisoners. 9. The applicant appealed against that decision. He submitted that he was not the organiser of the protest but merely one of 140 prisoners who had signed the letter. 10. On 29 November 2011 the Szczecin Regional Court dismissed the applicant’s appeal. The court held that the decision had been lawful. 11. On an unknown date the applicant was transferred to Goleniów Prison. 12. On 6 December 2011 the Goleniów Prison Penitentiary Commission extended the imposition of the “dangerous detainee” regime, holding that the applicant represented a serious threat to the community and should be kept in a solitary cell. The applicant appealed. 13. On 31 January 2012 the Szczecin Regional Court quashed the decision and remitted the case to the commission. The court held that only the original decision to impose the regime of 8 September 2011 had been justified. The following one taken on 6 December 2011 had not indicated any new circumstances justifying the continuing application of the regime and its reasoning had been scarce. The court noted that several months had elapsed since the applicant had signed the protest letter and the suppositions regarding the allegedly planned collective remonstrance of the prisoners had been not confirmed. 14. On 14 February 2012 the Goleniów Prison Penitentiary Commission decided to lift the “dangerous detainee” regime. The regime was imposed on the applicant for a total of five months and seven days.