CCPR/C/114/D/2183/2012
after his arrival at the Detention Centre, although he suffered from chronic high blood
pressure. He shared a cell with five other inmates, which, according to him, amounted to
inhuman and humiliating treatment. In substantiation, he explains that the surface of the cell
was such that there was only 1.9 square metres per inmate, while the national standard
required 3 square metres per person. The other inmates had been sentenced for more serious
crimes, such as murder and robbery, and some of them suffered from drug or alcohol
addiction. No separation among inmates based on the crimes committed was applied. The
author claims that the culture, upbringing and behaviour of his fellow inmates were
unacceptable to him, causing him mental torture.
2.2
In the cell, the toilet was separated by a simple curtain, which prevented any privacy
and caused inconveniences to all cellmates. Because of the lack of space, inmates had to eat
on their beds, which resulted in the bed linen being constantly dirty. The only window did
not allow for proper ventilation and the light from the two bulbs was insufficient for
reading or writing. There was constant noise in the cell, caused by the inmates and the loud
radio they listened to. The author contends that the conditions in his cell prevented him
from preparing the materials for the planned publication of his new book.
2.3
According to the author, as a convicted person, he was supposed to serve a sentence
in a half-open type of penitentiary facility. The administration of the Detention Centre,
however, decided that he should remain in the centre in view of his high blood pressure,
following the instruction of the physician who examined him. The author claims to have
made numerous complaints to the administration of the centre about the detention
conditions without receiving a written answer. An officer who was his “tutor” explained to
him that the conditions were the same in all cells.
2.4
On 3 July 2007, the author complained to the Warsaw District Court about the
conditions of detention in his cell, claiming financial compensation for the damages
suffered, which he estimated at PLN 450,000.2 On 29 October 2008, the District Court
concluded that the author’s rights had been violated. In its decision, the court referred to a
decision of the Polish Constitutional Court of 2008, according to which excessive celloccupation density could in itself constitute inhuman treatment and an accumulation of
disadvantages could amount to torture. The District Court ordered the Director of the
Detention Centre to address a written statement to the author to acknowledge that the
conditions of detention violated his human rights and also to make a commitment to not
allow similar violations to occur in the future. Having assessed the duration of detention
and the cumulative effect of the conditions of detention on the author’s health and personal
rights, the District Court considered that such a statement would suffice to remedy the
violation. In that light, the court rejected the author’s claim for financial compensation.
2.5
On 24 November 2008, the author appealed to the Warsaw Court of Appeal against
the District Court’s decision. His appeal was rejected on 16 April 2010, on the ground that
the written statement required from the Director of the Detention Centre was a sufficient
remedy in the case.
2.6
On 3 February 2011, in the light of the District Court’s decision, the Director of the
Detention Centre, in a written statement, acknowledged that during the author’s
imprisonment from 29 February to 8 October 2007 the conditions of detention had violated
the author’s personal rights and stated that that would not happen again.
2.7
According to the author, an appeal to the Supreme Court is subject to limitations and
is not effectively open to him. In Poland, judicial proceedings usually involve decisions of
the first instance court and the Court of Appeals. The basis for an appeal cannot be the re2
Approximately 120,000 euros as at 3 July 2007. Source: National Bank of Poland, www.nbp.pl.
3