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FOURTH
SECTION
CASE OF FIŁON v. POLAND
(Application
no. 39163/06)
JUDGMENT
STRASBOURG
13
January 2009
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 Fiłon v. Poland,
The
European Court of Human Rights (Fourth Section), sitting as a Chamber
composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Ljiljana
Mijović,
David
Thór Björgvinsson,
Ján
Šikuta,
Päivi
Hirvelä,
Mihai
Poalelungi,
judges,
and Lawrence
Early, Section
Registrar,
Having
deliberated in private on 9 December 2008,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application
(no. 39163/06) 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, Ms Alicja Fiłon
(“the applicant”), on 12 September 2006.
- The
Polish Government (“the Government”) were represented by
their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign
Affairs.
- The
applicant alleged, in particular, that her detention on remand had
exceeded a “reasonable time” within the meaning of
Article 5 § 3 of the Convention.
- On
30 January 2007 the
Court decided to give notice of the application to the Government. It
was also decided to examine the merits of the application at the same
time as its admissibility (Article 29 § 3) and to
examine it simultaneously with the case of Łoś
v. Poland (no.
24023/06), which concerned the same criminal proceedings.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
- The
applicant was born in 1952 and lives in Józefosław.
- On
10 June 2003 the applicant was arrested on suspicion of fraud,
committed in an organised criminal group.
- On
11 June 2003 the Warszawa District Court (Sąd Rejonowy)
remanded her in custody, relying on the reasonable suspicion that she
had committed the offence in question. It also considered that
keeping the applicant in detention was necessary to secure the proper
conduct of the proceedings, given the risk that she might tamper with
evidence and induce witnesses to give false testimony. The court also
stressed the severity of the anticipated sentence.
- The
applicant's appeal against the detention order, likewise her further
appeals against decisions prolonging her detention and her
application for release, were unsuccessful.
- In
the course of the investigation, the applicant's detention was
prolonged on several occasions by the Warszawa District Court
(on 11 June 2003, 3 September 2003, 3 December 2003
and 3 March 2004) and by the Warszawa Court of Appeal (on 8 June
2004, 7 September 2004, 3 December 2004, 1 March 2005). In all
their detention decisions the authorities repeatedly relied on a
strong suspicion that the applicant had committed the offences in
question, which was supported by evidence from witnesses and experts.
They attached importance to the grave nature of those offences and
the likelihood of a severe sentence of imprisonment being imposed on
the applicant. They further considered that the need to secure the
proper conduct of the investigation, especially the need to verify
evidence from suspects and witnesses and the need to obtain fresh
evidence from experts justified holding her in custody.
- On
12 May 2005 the Pruszków District Prosecutor (Prokurator
Rejonowy) lodged a bill of indictment with the Warszawa District
Court. The applicant was charged with fraud and forgery of documents,
committed in an organised criminal group. There were 16 defendants in
the case, all charged with numerous counts of fraud committed in an
organised criminal group. On 20 May 2005 the Warszawa District Court
again prolonged the applicant's detention until 9 June 2005,
reiterating the grounds previously given for her detention.
- Since
on 10 June 2005 the applicant's detention had reached the statutory
time-limit of two years laid down in Article 263 § 3 of the Code
of Criminal Procedure, a further prolongation of her detention -
until 9 December 2005 - was ordered by the Gdansk Court of
Appeal on 3 June 2005. The court found that the strong
suspicion against her of having committed the serious offences with
which she had been charged and the severity of the anticipated
sentence justified holding her in custody. It pointed out that the
case was complex given the number of accused persons and the number
of charges brought against them. Moreover, it added that 450
witnesses were to be heard and numerous documents were to be
examined.
- On
12 August 2005 the trial court held the first hearing. Until
21 December 2006, the date on which the applicant was
released, the Warszawa District Court held 44 hearings in the case.
- During
the court proceedings the authorities further prolonged the
applicant's detention pending trial. On 25 November 2005 the Warszawa
Court of Appeal, on an application of the trial court, prolonged the
detention of the applicant until 9 March 2006, reiterating the
grounds previously given for her detention. The court found the
request for prolongation of the applicant's pre-trial detention
justified; however, it prolonged it only by three months and not
by six months. The court also pointed out that it was possible for
the trial court to examine all the evidence within the three month
time-limit and that maximum efforts should be made to expedite the
examination of the case.
On 7
March 2006 the Warszawa Court of Appeal prolonged the detention of
the applicant until 9 June 2006, reiterating the grounds previously
given for her detention. The court pointed out that the three-month
time-limit was sufficient for examining the evidence.
On 30
May 2006 the Warszawa Court of Appeal prolonged the detention of the
applicant until 9 December 2006. The court stressed the complexity of
the case in view of the number of witnesses to be heard. It also
pointed out that the trial court should re-consider if it was
necessary to hear all the witnesses listed in the bill of indictment.
The trial court was instructed to take all necessary measures in
order to expedite the proceedings.
On 8 December 2006 the Warszawa Court of Appeal prolonged the
applicant's detention until 31 December 2006. The court relied on the
grounds stated in the previous decisions.
- On
21 December 2006 the applicant was released from the prison.
- The
proceedings are still pending.
II. RELEVANT DOMESTIC LAW AND PRACTICE
- The
relevant domestic law and practice concerning the imposition of
detention on remand (aresztowanie tymczasowe), the grounds for
its prolongation, release from detention and rules governing other,
so-called “preventive measures” (środki
zapobiegawcze) are stated in the Court's judgments in the cases
of Gołek v. Poland, no. 31330/02, §§ 27-33,
25 April 2006 and Celejewski v. Poland, no.
17584/04, §§ 22-23, 4 August 2006.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE
CONVENTION
- The
applicant complained that the length of her detention on remand had
been excessive. She relied on Article 5 § 3 of the
Convention, which, in so far as relevant, 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
applicant's detention started on 10 June 2003,
when she was arrested on suspicion of fraud, committed in an
organised criminal group. On 21 December 2006 she was released home
while the criminal proceedings against her were pending before the
first-instance court.
2. The parties' submissions
(a) The applicant
- The
applicant submitted that her pre-trial detention had exceeded a
“reasonable time”. She maintained that the domestic
courts had not given relevant and sufficient grounds for her
continued detention. In particular, the applicant pointed out that
the argument that there was a risk that she would obstruct the
proceedings had no basis. The applicant also denied that she had
attempted to induce witnesses to give false testimony and stressed
that during the investigation and the criminal proceedings she had
had no contact with the witnesses and other defendants. She concluded
that the decisions extending her pre-trial detention had been taken
routinely and the courts had simply repeated the grounds given in the
previous decisions. They had no justification in the circumstances of
the case, especially in the light of the fact that the applicant's
pre-trial detention lasted three years and six months and that
her criminal case was still pending before the first instance
court. She stressed that she had not contributed to the length
of the proceedings and that the authorities had failed to exercise
all due diligence in dealing with her case.
(b) The Government
- The
Government first presented some statistical data, indicating that in
the years 2000-2005 the number of indictments and convictions in
cases concerning organised crime had increased both in absolute terms
and in relation to other crimes. In 2004 there were 617 indictments
in such cases and 220 persons were convicted. They argued that in
organised crime cases the authorities were faced with particular
problems relating to the taking and assessment of evidence and
various logistical issues.
- With
reference to the present case, the
Government submitted that the applicant's detention satisfied
the requirements of Article 5 § 3. It was justified by
“relevant” and “sufficient” grounds, in
particular, the existence of a reasonable suspicion throughout the
entire period of the applicant's pre trial detention.
Furthermore, the Government referred to the gravity of the
charges against the applicant and the severity of the anticipated
penalty.
- They
further argued that the applicant's detention had been necessary in
order to secure the proper conduct of the proceedings, as there had
been a risk that she would tamper with evidence. This risk was
increased by the fact that the charges against the applicant
concerned numerous offences committed by an organised criminal
group. They maintained that the authorities had
displayed adequate diligence when dealing with her case.
- Lastly,
the Government justified the length of the applicant's detention by
the complexity of the case, which stemmed from the number of
defendants, the charges brought against them and the fact that the
applicant had committed the crime in the ambit of the activities of
an organised criminal group.
3. The Court's assessment
(a) General principles
- The
Court recalls that the general principles regarding the right
“to trial within a reasonable time or to release pending
trial, as guaranteed by Article 5 § 3 of the Convention were
stated in a number of its previous judgements (see, among many other
authorities, Kudła v. Poland [GC], no. 30210/96,
§ 110 et seq, ECHR 2000 XI; and McKay v. the
United Kingdom [GC], no. 543/03, §§ 41-44, ECHR
2006-..., with further references).
(b) Application of the above principles in
the present case
- In
their detention decisions, the authorities relied principally on four
grounds, in addition to the reasonable suspicion against the
applicant, namely: (1) the serious nature of the offences with which
she had been charged; (2) the heavy penalty to which she was liable;
(3) the need to secure the proper conduct of the proceedings, (4) the
complexity of the case.
- The
applicant was charged with fraud, committed in an organised criminal
group (see paragraphs 11 above).
In
the Court's view, the fact that the case concerned a member of a such
criminal group should be taken into account in assessing compliance
with Article 5 § 3 (see Bąk v. Poland, no. 7870/04,
§ 57, 16 January 2007).
- The
Court accepts that the reasonable suspicion against the applicant of
having committed serious offences could initially warrant her
detention. Also, the need to obtain voluminous evidence and to
determine the degree of the alleged responsibility of each of the
defendant, who had acted in a criminal group and against whom
numerous charges of serious offences were laid, constituted valid
grounds for the applicant's initial detention. Indeed, in cases
such as the present one concerning organised criminal groups, the
risk that a detainee, if released, might bring pressure to bear on
witnesses or other co-accused or might otherwise obstruct the
proceedings often is, by the nature of things, high.
- Furthermore,
according to the authorities, the likelihood of a severe sentence
being imposed on the applicant created a presumption that the
applicant would obstruct the proceedings. However, the Court would
reiterate that, while the severity of the sentence faced is a
relevant element in the assessment of the risk of absconding or
reoffending, the gravity of the charges cannot by itself justify long
periods of detention (see Michta v. Poland, no.
13425/02, §§ 49, 4 May 2006).
- While
all those above factors could justify even a relatively long period
of detention, they did not give the domestic courts an unlimited
power to prolong this measure. In this context, the Court would
observe that the applicant spent in detention three years and six
months pending trial before the first-instance court.
- Having
regard to the foregoing, even taking into account the fact that the
courts were faced with the particularly difficult task of trying a
case involving an organised criminal group, the Court concludes that
the grounds given by the domestic authorities could not justify the
overall period of the applicant's detention. In these circumstances
it is not necessary to examine whether the proceedings were conducted
with special diligence.
There
has accordingly been a violation of Article 5 § 3 of the
Convention.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
- In
her observations of 12 December 2007, the applicant further
complained that she had been ill-treated in pre-trial detention, in
particular in that she did not receive appropriate medical treatment.
- The
Court notes that the applicant's complaint falls to be examined under
Article 3 of the Convention. However, it was submitted as late as
12 December 2007, that is to say more than six months after her
detention ended.
Accordingly,
it must be rejected under Article 35 §§ 1 and 4 of the
Convention for non-compliance with the six-month time requirement.
III. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE
CONVENTION
- In
her letter of 2 October 2007 the applicant also complained that she
had been kept in detention without a valid detention order. She
submitted that the decision prolonging her detention given by the
Warszawa District Court on 16 November 2005 should have been given by
a panel of three judges, however it was given by one judge.
- However,
the Court notes that the complaint was submitted only on 2 October
2007, which is more than six months after the date on which the
decision had been taken.
Accordingly,
the complaint must be rejected under Article 35 §§ 1 and 4
of the Convention for non-compliance with the six-month time
requirement.
IV. ALLEGED
VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION ON ACCOUNT OF THE
UNFAIRNESS OF THE PROCEEDINGS
- In
her letter of 29 October 2007, the applicant further complained that
the proceedings in her case had been unfair. In particular, she
complained that the prosecuting authorities had charged her without
any basis justified by the evidence and that the prosecution and the
courts had wrongly assessed evidence and had made erroneous
conclusions in this respect.
- However,
the Court notes that the impugned proceedings are still pending and
therefore it is premature to examine the applicant's complaint.
It
follows that it must be rejected under Article 35 §§ 1
and 4 of the Convention for non-exhaustion of domestic remedies.
V. ALLEGED
VIOLATION OF ARTICLE 8 OF THE CONVENTION
- Lastly,
the applicant complained in her letter of 29 October 2007 and her
observations of 12 December 2007 under Article 8 of the Convention
that her extended detention had put a severe strain on her and her
family. In particular, the applicant complained that she had not been
allowed to receive any visits from her son and husband in 2005 and
that that situation lasted three months. Moreover, during that
time she received letters from her relatives with a month delay.
- The
Court notes that the applicant's complaint falls to be examined under
Article 8 of the Convention. However, it was submitted in her letter
of 29 October 2007 and further repeated in her observations of 12
December 2007, which was more than six months after the alleged
interference had occurred.
Accordingly,
it must be rejected under Article 35 §§ 1 and 4
of the Convention for non-compliance with the six-month
time requirement.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
- Article
41 of the Convention provides:
“If the Court finds that there has been a
violation of the Convention or the Protocols thereto, and if the
internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford
just satisfaction to the injured party.”
A. Damage
- The
applicant claimed PLN 100,000 in respect of non-pecuniary damage.
- The
Government refrained from making comments on that matter.
- The
Court considers that the applicant has suffered non-pecuniary damage
which is not sufficiently compensated by the finding of a violation
of the Convention. Considering the circumstances of the case, in
particular the fact that the applicant was charged with a non-violent
crime, and making its assessment on an equitable basis, the Court
awards the applicant EUR 1,500 under this head.
B. Costs and expenses
- The applicant claimed costs and expenses in an
unspecified amount for the proceedings before the Court. However, the
Court observes that she had not produced any documents in support of
the claim. In those circumstances, the Court rejects the claim for
costs and expenses (see Adamiak
v. Poland,
no. 20758/03, § 49, 19 December 2006).
C. Default interest
- The
Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to
which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
- Declares the complaint concerning the length of
the applicant's detention admissible and the remainder of the
application inadmissible;
- Holds that there has been a violation of Article
5 § 3 of the Convention;
- Holds
(a) that
the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, EUR 1,500 (one
thousand five hundred euros) in respect of non-pecuniary damage; to
be converted into Polish zlotys at the rate applicable at the date of
settlement, plus any tax that may be chargeable;
(b) that
from the expiry of the above-mentioned three months until settlement
simple interest shall be payable on the above amount at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
- Dismisses the remainder of the applicant's claim
for just satisfaction.
Done in English, and notified in writing on 13 January 2009,
pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence
Early Nicolas Bratza
Registrar President
