CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sD7287D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:9pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s5FFF0A7F { margin-top:0pt; margin-bottom:0pt; font-size:9pt } .sB217F55E { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:9pt } Published on 23 September 2024   FIRST SECTION Application no. 6356/21 Daniel Rafał GABRYSZEWSKI against Poland and 2 other applications (see list appended) communicated on 4 September 2024 SUBJECT MATTER OF THE CASE The applications concern strip searches the applicants had to undergo while imprisoned. None of the applicants were classified as “dangerous detainees” and they lodged applications, complaints and appeals with various bodies of the prison system and the judiciary but all of them were dismissed (see the appended table for details). The applicants complain, under Articles 3 and 8 of the Convention, that the unjustified strip searches constituted degrading treatment and violated their right to respect for their private lives. QUESTIONS TO THE PARTIES 1.     Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (see, for example, Roth v. Germany , nos. 6780/18 and 30776/18, §§ 70-72, 22 October 2020)? Reference is made to the applicants’ allegations concerning the circumstances of the strip searches which were carried out without any apparent justification and in some cases were numerous and routine.   2.     Do the relevant facts of the applications relating to the strip searches give rise to a violation of the applicants’ right to their private life contrary to Article 8 of the Convention (see, Milka v. Poland , no. 14322/12, §§ 41-50, 15 September 2015; Dejnek v.   Poland , no. 9635/13, §§ 70-77, 1 June 2017; and Bojar v. Poland [Committee], no.   11148/18, §§ 8-18, 11 May 2023)?     APPENDIX   No. Application no. Case name Introduction date Applicant’s name Year of birth Place of residence Representative’s name Location Place of detention Alleged number of strip searches Period in question Circumstances of strip searches as submitted by the applicant Domestic remedies used 1. 6356/21 Gabryszewski v. Poland 30/11/2020 Daniel Rafał GABRYSZEWSKI 1982 Łódź   Dawid CUPIAŁ   Warsaw Łódź Remand Centre 41 19/07/2018 ‑ 04/08/2020 After coming back from court hearings; after every received visit of his lawyer. Numerous complaints and appeals lodged, between 25/07/2018 and 28/09/2020 with the Director of the Łódź Remand Centre, the Łódź Regional Inspectorate of the Prison Service, the Central Board of the Prison Service, the Łódź Regional Court – Penitentiary Division and the Commissioner for Human Rights. All of them were dismissed. 2. 15885/21 Nowak v. Poland 30/12/2020 Kamil NOWAK 1992 Hajnówka   - Łódź Remand Centre not specified precisely (circa 100) 26/04/2017 ‑ 13/06/2020 After coming back from court hearings; after received visits of family members and of his lawyers. Complaint of 13/06/2020 lodged with the Łódź Penitentiary Court was dismissed on 27/07/2020. 3. 35397/22 Buczek v. Poland 24/08/2022 Przemysław BUCZEK 1994 Biłgoraj   - Opole Lubelskie Prison 5 22/03/2022 - 13/04/2022 Frequent, random searches over a short period upon transfer to a new detention facility. Complaints of 05/04/2022 and 13/04/2022 lodged with the Lublin Penitentiary Court were dismissed on 05/05/2022.