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Cite as: [2007] ECHR 429

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FOURTH SECTION

CASE OF GŁADCZAK v. POLAND

(Application no. 14255/02)

JUDGMENT

STRASBOURG

31 May 2007

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Gładczak v. Poland,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Sir Nicolas Bratza, President,
Mr J. Casadevall,
Mr S. Pavlovschi,
Mr L. Garlicki,
Ms L. Mijović,
Mr J. Šikuta,
Mrs P. Hirvelä, judges,
and Mr T.L. Early, Section Registrar,

Having deliberated in private on 10 May 2007,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

The case originated in an application (no. 14255/02) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Roman Gładczak (“the applicant”), on 14 August 2001.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 25 October 2005 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of the applicant's detention to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1961 and lives in Gdynia.

On 28 October 1996 the applicant was arrested on suspicion of having committed armed robbery while acting in an organised criminal gang.

On 30 October 1996 he was brought before the Gdańsk Regional Prosecutor and charged with armed robbery, kidnapping and extortion. On the same date the Gdańsk District Court remanded the applicant in custody in view of the reasonable suspicion that he had committed the offences in question while acting in an organised criminal gang. It held that there was a risk that the applicant might obstruct the proceedings or abscond. It further relied on the severity of the anticipated penalty.

Later, several other persons were detained and charged in connection with the same investigation conducted by the Department of Organised Crime of the Gdańsk Regional Prosecutor's Office.

On 16 January 1997 the Gdańsk Regional Court prolonged his detention until 28 April 1997.

On 16 April 1997 the Gdańsk Court of Appeal ordered that the applicant be kept in custody until 29 July 1997. It relied on the reasonable suspicion that the applicant had committed the offences in question and the gravity of the charges. It also had regard to the number of suspects and the need to obtain further evidence.

On 16 July 1997 the Court of Appeal extended the applicant's detention until 27 October 1997. It found that there was a reasonable risk that the applicant might go into hiding or obstruct the proceedings. It also relied on the severity of the anticipated penalty. Lastly, it noted that further prolongation of the investigation was not attributable to the prosecuting authorities, but resulted from the fact that further suspects had been identified and arrested. Furthermore, the prolongation was due to a delay in the preparation of some expert reports and the need to request legal assistance from the German authorities.

On 17 September 1997 the Supreme Court prolonged the applicant's detention until 31 December 1997. It found that there was a reasonable risk that the suspects might intimidate witnesses, given the nature of the charges against them. It further observed that the investigation could not be terminated on account of the prolonged preparation of an expert report and the need to hear a witness, W.B., who was serving his prison sentence in Germany.

On 28 November 1997 the prosecution filed a bill of indictment with the Gdańsk Regional Court. The applicant was charged with, inter alia, armed robbery, kidnapping, extortion and inflicting bodily harm which had been committed while being a member of an armed organised criminal gang. The bill of indictment specified that the applicant was a recidivist offender. There were 16 defendants in the case, all charged with numerous counts of armed robbery and extortion.

On 7 January 1998 the Gdańsk Regional Court ordered that the applicant be held in custody until 21 September 1998. In addition to the grounds previously invoked, it relied on the complexity of the case and the number of defendants.

On 24 February 1998 the trial court held the first hearing. It subsequently held some 56 hearings in the case.

On 17 September 1998 the Regional Court extended his detention on remand until 21 October 1998.

On 6 October 1998 the Supreme Court prolonged the applicant's pre-trial detention until 30 January 1999. It observed that the fact that the trial had not been terminated could not be attributed to the authorities, given the volume of evidence and the fact that some hearings had to be cancelled as the defendants' counsel or witnesses had not appeared. It further considered that the applicant had been charged with the commission of the crimes for which he was liable to a sentence of imprisonment exceeding 8 years, and that the circumstances of the case indicated that there was a reasonable risk that the applicant might obstruct the proceedings.

On 19 January 1999 the Supreme Court ordered that the applicant and his 9 co-defendants be kept in custody until 30 June 1999. It relied on the fact that witnesses had informed the trial court about having been threatened by the defendants. It also had regard to the severity of the anticipated penalty and the presumption established by Article 258 § 2 of the Code of Criminal Procedure. Furthermore, the Supreme Court considered that the prolongation of the detention beyond the statutory time-limit of two years was justified by the complexity of the case and the volume of evidence to be heard. In that respect, it also observed that in December 1998 the trial court had been prevented from hearing evidence on account of the absence of two defence counsel.

On 2 June 1999 the Supreme Court prolonged the applicant's detention until 31 December 1999. It noted that the trial was being efficiently conducted and that it had not been terminated for reasons which were attributable to the defendants and their counsel. It noted in particular that the defendants had attempted to intimidate witnesses and protract the trial. Further, it had regard to the nature of the charges and the severity of the likely penalty.

On 14 December 1999 the Regional Court convicted the applicant of armed robbery, kidnapping, extortion and inflicting bodily harm and sentenced him to 9 years' imprisonment and a fine.

Further decisions on the prolongation of the applicant's detention were given by the Regional Court on 21 December 1999 (ordering his continued detention until 30 June 2000) and 21 June 2000 (extending that period until 30 November 2000).

On 11 August 2000 the applicant was served with a copy of the Regional Court's judgment. He subsequently appealed against that judgment.

On 22 November 2000 the Gdańsk Court of Appeal prolonged the applicant's detention until 31 January 2001. On 17 January 2001 his detention was extended until 31 March 2001.

On 6 March 2001 the Court of Appeal held a hearing.

On 7 March 2001 the Court of Appeal quashed the first-instance judgment in respect of the applicant and remitted the case for retrial.

On 14 March 2001 the Court of Appeal ordered that the applicant and his 11 co-defendants be held in custody until 30 June 2001. Having regard to Article 258 § 2 of the Code of Criminal Procedure, it observed that the applicant might attempt to obstruct the proceedings given the likelihood of a severe penalty being imposed on him. It also relied on the nature of the charges.

On 19 June 2001 the Gdańsk Regional Court held the first retrial hearing. It subsequently held some 20 hearings.

On 19 June 2001 the Court of Appeal prolonged his detention until 30 September 2001. It noted that continuation of that measure was necessary in order to secure the proper conduct of the proceedings, given the severity of the anticipated penalty.

On 28 September 2001 the Gdańsk Regional Court ordered that the applicant and 11 of his co-defendants be kept in custody until 30 December 2001. It found that the applicant's continued detention was necessary in order to prevent the applicant from interfering with witnesses. On 10 October 2001 the Court of Appeal dismissed the applicant's appeal against that prolongation. Referring to Article 5 § 3 of the Convention, it observed that the applicant's detention, although undeniably long, was justified by the particular circumstances of the case. In this respect, it emphasised that the applicant had been charged with particularly serious and violent crimes, and thus his continued detention was justified on public interest grounds.

On 28 December 2001 the Regional Court prolonged the applicant's detention until 30 March 2002. It held that following the Court of Appeal's instructions most of the witnesses who had given evidence at the original trial had to be heard again. In that case there was a reasonable risk that the defendants might interfere with witnesses. In addition, the court held that given the gravity of the charges and the likelihood that severe penalties would be imposed on them, the defendants might obstruct the proceedings by going into hiding. On 23 January 2002 the Gdańsk Court of Appeal upheld that decision. It considered, inter alia, that the Regional Court had attempted to examine the case within a reasonable time, but there had been significant delays in the trial which were attributable to the defendants or their counsel. In this respect, it pointed out to the obstructive conduct of all the defendants on 18 December 2001 which had prevented the Regional Court from holding a hearing on that day. On the other hand, the Court of Appeal instructed the Regional Court to assess the length of detention of each defendant separately. It pointed out that the further prolongation of the detention of those defendants who were not simultaneously serving prison sentences could not be accepted in the long term.

Subsequently, the Regional Court prolonged the applicant's detention on 15 March 2002 (until 30 June 2002) and 21 June 2002 (until 30 September 2002). It invoked the same grounds as in its previous decisions. The applicant appealed against the latter decision.

On 31 July 2002 the Court of Appeal altered the Regional Court's decision and ordered that the applicant be released. It underlined that the applicant's detention on remand had been exceptionally long and thus lost its provisional nature. Having regard to the current progress of the trial, the court observed that it was not possible to predict when the proceedings would be terminated. Furthermore, it noted that 7 out of 10 co-defendants were serving long-term prison sentences.

Prior to his release, the applicant filed numerous but unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions prolonging his detention. He maintained that the length of his detention was excessive.

It appears that the criminal proceedings against the applicant are still pending.

From 27 March 2000 to 15 November 2002 the applicant served a prison sentence imposed on him in a separate set of proceedings.

II. RELEVANT DOMESTIC LAW

The relevant domestic law and practice concerning the imposition of detention on remand (tymczasowe aresztowanie), the grounds for its prolongation, release from detention and rules governing other, so-called “preventive measures” (środki zapobiegawcze) at the material time are stated in the Court's judgments in the cases of Kudła v. Poland [GC], no. 30210/96, §§ 75-79, ECHR 2000-XI; Bagiński v. Poland, no. 37444/97, §§ 42-45, 11 October 2005; and Celejewski v. Poland, no. 17584/04, §§ 2-23, 4 August 2006.

THE LAW

ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

The applicant complained that the length of his detention on remand had been excessive. He relied on Article 5 § 3 of the Convention, which reads as follows:

“Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

The Government contested that argument.

A. Admissibility

The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. Period to be taken into consideration

The Court observes that the applicant was arrested on 28 October 1996 and remanded in custody on 30 October 1996. On 14 December 1999 the Gdańsk Regional Court convicted him of armed robbery, kidnapping, extortion and inflicting bodily harm. As from that date he was detained “after conviction by a competent court”, within the meaning of Article 5 § 1 (a) and therefore that period of his detention falls outside the scope of Article 5 § 3 (cf. Kudła, cited above, § 104). On 7 March 2001 the Gdańsk Court of Appeal quashed the applicant's conviction. Following that date his detention was again covered by Article 5 § 3. It continued until 31 July 2002 when the applicant was released.

However, between 27 March 2000 and 15 November 2002 the applicant served a prison sentence which had been imposed on him in another set of proceedings. The Court recalls that in view of the essential link between Article 5 § 3 of the Convention and paragraph 1 (c) of that Article, a person convicted at first instance cannot be regarded as being detained “for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence”, as specified in the latter provision, but is in the position provided for by Article 5 § 1 (a), which authorises deprivation of liberty “after conviction by a competent court” (see, for example, B. v. Austria, judgment of 28 March 1990, Series A no. 175, pp. 14-16, §§ 36-39). Thus, the period of the applicant's detention from 27 March 2000 to 15 November 2002 must be subtracted from the total period of the applicant's detention since during this time he had been serving a prison sentence resulting from another conviction. Accordingly, the period to be taken into consideration under Article 5 § 3 amounts to 3 years, 1 month and 16 days.

2. The reasonableness of the length of detention

(a) The parties' arguments

The Government submitted that the applicant's pre-trial detention had been justified by the existence of substantial evidence of his guilt, the nature of the offences with which he had been charged and the severity of the anticipated penalty. They underlined that the length of the applicant's detention should be assessed taking into account the fact that he and his co-defendants had acted in an organised criminal gang. The risk that the defendants might obstruct the proceedings or tamper with evidence was aggravated by the fact they been closely linked as members of an organised criminal gang. Thus, the domestic courts had considered it necessary to remand the applicant and his co-defendants in custody until all relevant witnesses had been heard.

The Government emphasised that the serious nature of the charges as well as the fact that there had been 16 defendants charged with numerous offences committed in a criminal gang required that the proper conduct of the proceedings be secured with particular diligence. The necessity of the applicant's continued detention had been thoroughly examined by the courts which on each occasion had given sufficient reasons for their decisions. Lastly, they maintained that the authorities had displayed special diligence in dealing with the applicant's case.

The applicant's case has been extremely complex on account of the number of charges and the defendants, and the volume of evidence. Furthermore, the conduct of the proceedings had been significantly hindered by the unwarranted exercise of procedural rights by the defendants and their defence counsel. The defendants had lodged hundreds of applications and appealed against every decision, even when they had been informed that the appeal had been inadmissible. Thus, the applicant and other defendants contributed to the length of the proceedings.