CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 février 2017

.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 } .s3F59B822 { font-family:Arial; font-weight:bold; 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 } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s39A7D870 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; 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 }   Communicated on 9 February 2017   FOURTH SECTION Application no. 19170/15 Henryk GRZEŚKÓW against Poland lodged on 31 March 2015 STATEMENT OF FACTS The applicant, Mr Henryk Grześków, is a Polish national, who was born in 1972 and is detained in Wronki. The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. 1.     The period of the applicant’s detention The applicant was detained in Międzyrzec Remand Centre between 16   March 2005 and 21 September 2006 (1 year, 6 months, 6 days). 2.     The conditions of the applicant’s detention According to the applicant, throughout the entire time of his detention he was kept in an overcrowded cell where the space per person was below the statutory minimum standard of 3 sq. m. Other aspects of the living and sanitary conditions were inadequate. The toilet was insufficiently separated from the rest of the cell as there was only a piece of material and plywood. The applicant also submitted that owing to the inadequate sanitary conditions in the remand centre he had developed a skin rash. He stated that he had also been detained with a cellmate who, according to him, had psychological problems. That person’s personal hygiene was poor as he had avoided the weekly shower. The official statistics published by the Polish Prison Service reveal average rates of 19 % in 2005 and 30 % in 2006 of overcrowding for the Międzyrzec Remand Centre. The remaining elements of the living conditions and the quality of food met the statutory standards. It appears that the applicant had one hot shower per week and one hour of outdoor exercise per day. 3.     The applicant’s civil action against the State Treasury On 12 September 2014 the applicant brought a civil action against the State Treasury as the legal representative for Międzyrzec Remand Centre for infringement of his personal rights due to overcrowding and inadequate conditions of detention. The applicant sought 80,000 Polish zlotys (PLN - approximately 18,824   euros (EUR)) in compensation. 4.     Application for exemption from the court fees Together with his legal action the applicant applied to be exempted from court fees under section 102 of the Law of 28 July 2005 on Court Fees in Civil Proceedings. The amount of the fees in his case was PLN 4,000 (about EUR   941). At the time of lodging the civil action the applicant was detained in Międzyrzec Remand Centre. The applicant presented a certificate from the governor of the remand centre, confirming that it did not employ the applicant and that the applicant had PLN 60.02 (about 14 euros) in his account, but could not use it for his own purposes as it was kept in the so-called “iron savings box” ( żelazna kasa ). It could be spent only on travel expenses and the necessary costs of living for a few days after he finished his prison sentence. The governor certified that according to the law it was not possible for the applicant to spend the money. Furthermore, the authorities confirmed that he did not have any other valuables. Thus, the Governor confirmed that the applicant had no money for his own use. On 9 October 2014 the Gorzów Wielkopolski District Court, sitting as a court officer ( referendarz sądowy ) (case no. I C 2111/14), refused to exempt the applicant from the court fees. The court stated that everyone wanting to institute civil proceedings in Poland was obliged to pay court fees. The court underlined that the exceptions mentioned in section 102 of the Law on Court Fees could only be granted if the applicant showed he really had no means to pay them and not just by submitting a statement that he was unable to pay. According to the court therefore exemptions from court fees were aimed solely at applicants who were not able to bear any expense connected with court proceedings. To establish that fact, the court was not only obliged to estimate the applicant’s financial situation, but also his behaviour and diligence in securing the funds for such payment. The   court analysed the applicant’s request for an exemption from the court fees and found it groundless. The court stated that even though the applicant was serving a prison sentence it was not clear whether or not he had been receiving funds from outside the prison. The court underlined that the applicant did not have to provide for the costs of his daily life as his needs were taken care of by the prison authorities and that if he received funds from outside the prison he could spend them on his personal needs. The applicant lodged an appeal against the court officer’s decision ( skarga na orzeczenie referendarza sadowego ). The applicant sought to be fully exempted from the court fees. On 30 October 2014 the Gorzów Wielkopolski Regional Court decided to uphold the decision made by the court officer on 9 October 2014. The court underlined that the mandatory payment of court fees by claimants was one of the principles of civil proceedings and an exemption from the fees was an exception that could be granted only in special circumstances. The court repeated the reasoning of the court officer and underlined that exempting the applicant from the court fees would be similar to him getting an interest-free loan from the State Treasury. The court also stated that as the applicant was in a situation where he could secure funds for at least part of the sum to cover the court fees there was no need to transfer that financial burden to the taxpayer. As the applicant did not pay PLN 4,000 in court fees (EUR 942, 5% of the sum claimed in his legal action), on 19 November 2014 the Gorzów   Wielkopolski Regional Court decided to return his civil action. COMPLAINTS The applicant complains under Article 3 of the Convention about overcrowding and inadequate conditions of his detention in Międzyrzec Remand Centre and Article 6 § 1 of being deprived of his right of access to a court. QUESTIONS TO THE PARTIES 1.     Did the applicant’s detention amount to inhuman or degrading treatment in breach of Article 3 of the Convention (see, among other authorities, Orchowski v. Poland, no.   17885/04, § 147, 22 October 2009)? The Government are invited to produce the documents regarding the conditions of the applicant’s detention in the Międzyrzec Remand Centre between 16 March 2005 and 21 September 2006. 2.     Was the applicant’s right of access to a court, guaranteed by Article 6 of the Convention, respected in the present case?