Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 10/16/2007

Subject: Right to liberty and security, right to a fair trial within a reasonable time, right to respect for correspondence. The Court held unanimously that there had been a violation of Article 5 § 3 in all five cases on account of the excessive length of the applicants’ detention on remand. The Court further held unanimously that there had been a violation of Article 6 § 1 in three of the cases, Malikowski, Osiński and Szdłowski, on account of the excessive length of proceedings. Lastly, the Court noted that the censorship of Mr Owsik’s letter to the Registry of the Court had not been in accordance with domestic law and therefore held, unanimously, that there had been a violation of Article 8. The remainder of the application in the case of Owsik was declared inadmissible.

Parties: Malikowski c/ Polonia; Osinski c/ Polonia; Szydlowski c/ Polonia

Classification: Freedoms - Art. 6 Personal liberty - Personal security - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal