CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 septembre 2014

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt }     Communicated on 22 September 2014   FOURTH SECTION Application no. 27426/13 Sławomir MUSIAŁ against Poland lodged on 4 March 2013 STATEMENT OF FACTS The applicant, Mr   Sławomir Musiał, is a Polish national, who was born in 1978. He is currently serving a prison sentence in Przytuły Stare Prison. A.     Application no. 28300/06 and the Court’s judgment of 20 January 2009 In the judgment Sławomir Musiał v.   Poland of 20   January 2009 (app. no.   28300/06) the Court found a violation of Article   3 of the Convention on account of the cumulative effect of the inadequate medical care and inappropriate conditions in which the applicant, who suffered from mental disorders, was held throughout his pre ‑ trial detention. In the operative part of the judgment the Court held that the respondent State was to secure at the earliest possible date adequate conditions of the applicant’s detention in a specialised institution capable of providing him with necessary psychiatric treatment and constant medical supervision (see also §   108 of the judgment). B.     The circumstances of the present case The facts of the case, as submitted by the applicant, may be summarised as follows. 1.     The applicant’s imprisonment The applicant is suffering from severe mental disorders. In 2003 he was diagnosed with paranoid schizophrenia. In an opinion of 18   September 2009 issued in the course of the proceedings against the applicant pending before the Włoszczowa District Court (case no.   II K 192/08), the psychiatrists concluded that the applicant suffered from paranoid schizophrenia and could not take part in the trial for a period of six months. It appears that from an unspecified date in 2011 the applicant has been serving a sentence at Częstochowa Remand Centre. In an opinion of June 2011 two experts in psychiatry stated that the applicant’s mental condition made him unfit for serving a prison sentence. The applicant produced only part of this opinion. On 21   June 2011 the Zawiercie District Disability Evaluation Board declared the level of the applicant’s disability as “moderate”. It noted that the applicant was unfit for work and needed assistance of social services in his daily life. On 4   September 2012 the applicant was consulted by a psychiatrist at the Częstochowa Remand Centre. She noted that the applicant was undergoing psychiatric treatment and had been frequently hospitalised in psychiatric hospitals in Lubliniec, Czeladź and Opole in connection with his schizophrenia. The psychiatrist expressed negative prognosis for the applicant given the chronic nature of his condition which was characterised by remissions. It appears that on 15   January 2013 the applicant was transferred to Herby Prison. On 24   May 2013 the applicant was consulted by a doctor of the prison. Her findings were similar to those made by a psychiatrist on 4   September 2012. On 30   October 2013 the applicant was transferred to Nowy Sącz Prison. 2.     Cumulative penalty On 20   December 2011 the Myszków District Court gave a cumulative judgment and sentenced the applicant to a cumulative penalty of four years and eleven months’ imprisonment in respect of his conviction of 18   November 2008 and of other unspecified conviction. The Częstochowa Regional Court upheld this judgment on 6   July 2012. 3.     Criminal proceedings against the applicant On an unspecified date the applicant was charged with aggravated assault. On 29   February 2012 the Zawiercie District Court convicted him as charged and sentenced him to two years and four months’ imprisonment, having regard to the fact that the applicant was a re ‑ offender. The trial court obtained an expert opinion that the applicant could be held criminally responsible. The applicant appealed and argued, inter alia , that the appellate court should obtain a supplementary expert opinion regarding his mental health. On 22   October 2012 the Częstochowa Regional Court dismissed the applicant’s appeal. The applicant lodged a cassation appeal. He has not informed the Court about the outcome of these proceedings. It appears that the applicant started serving the sentence on 25   June 2013. COMPLAINT The applicant complains under Article   3 of the Convention about the lack of adequate medical care provided to him within the penitentiary system. He also alleges that he has been incarcerated in conditions which failed to meet the standard required for persons suffering from mental disorders. The applicant claims that in accordance with expert opinions he was unfit for detention on account of his mental health. In his view, he should be detained in a psychiatric hospital rather than in a prison facility.     QUESTIONS TO THE PARTIES 1.     Is the applicant’s complaint under Article   3 compatible with the provisions of the Convention, ratione materiae ? Reference is made to Dybeku v.   Albania (dec.), no.   557/12, 11   March 2014.   2.     Has the applicant been subjected to inhuman or degrading treatment, in breach of Article   3 of the Convention in respect of the period beginning in March 2013?   3.     Has the applicant been provided with adequate conditions of his detention in an establishment capable of providing him with the necessary psychiatric treatment and constant medical supervision (cf. Sławomir Musiał v.   Poland , no.   28300/06, §   108, and point   4   (a) of the operative part of the judgment, 20   January 2009)?   4.     The Government are requested to produce copies of all relevant documents concerning: a)     the quality and frequency of medical care provided to the applicant within the penitentiary system; b)     expert opinions on the applicant’s health, including his fitness for detention; c)     adequacy of conditions of his detention to the applicant’s condition.