CEDH · PRESS;HEARINGS;ENG — 16 décembre 1998

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sC63A23C4 { font-family:Arial; font-weight:bold; letter-spacing:-0.15pt } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .s45AE5F73 { font-family:Arial; letter-spacing:-0.15pt } .s23A41E03 { width:36pt; display:inline-block } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .sD360A31 { font-family:Arial; font-weight:bold; font-style:italic; letter-spacing:-0.15pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sBB9EE52A { font-family:Arial } EUROPEAN COURT OF HUMAN RIGHTS     811   16.12.1998   Press release issued by the Registrar   HEARING IN THE CASE OF MUSIAŁ v. POLAND   Wednesday 16 December 1998 at 9.30     The applicant     The case concerns an application (no. 24557/94) brought by a Polish national, Mr   Zbigniew Musiał, who was born in 1953 and lives in Jastrzębie Zdrój, Poland.   Summary of the facts     On 16 March 1993 the applicant’s lawyer applied to the Katowice Regional Court for the applicant’s release from the psychiatric hospital where he had been detained since 1988. He had been committed after criminal proceedings for the manslaughter of his wife had been discontinued on the ground that he was not criminally responsible.   The applicant’s lawyer insisted that he should be examined by psychiatrists from the University of Cracow rather than by experts from the hospital where he was detained. On 26   April 1993 the court agreed to this request and on 22 September 1993 the applicant’s medical records were forwarded to Cracow University. From 31 January 1994 to 4 February 1994 the applicant underwent an examination at Cracow University.     In an opinion of 30 November 1994 the psychiatrists from Cracow University stated that the applicant’s condition necessitated further detention as the grounds on which his committal to a psychiatric institution had been ordered had not ceased to exist.     On 9 January 1995, having considered the medical opinion of 30 November 1994, the Katowice Regional Court decided that the applicant’s detention should be continued.   Complaints     The applicant complains of a breach of Article   5 § 4 of the European Convention on Human Rights in that the proceedings concerning the lawfulness of his psychiatric detention were unreasonably long.   Procedure     The application was lodged with the European Commission of Human Rights on 10   January 1994. Having found the application admissible, the Commission adopted a report on 4 March 1994 in which it expressed the opinion that there had been a violation of Article   5 § 4 by thirteen votes to two. The Polish Government and the applicant brought the case before the Court. Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Vice-President , Nicolas Bratza   (British), Matti Pellonpää   (Finnish), Benedetto Conforti   (Italian), Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Françoise Tulkens   (Belgian), Viera Strážnická   (Slovakian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges, Riza Türmen (Turkish), András Baka (Hungarian), Corneliu Bîrsan (Romanian), Substitute Judges .   and also Michele de Salvia , Registrar , and Maud de   Boer-Buquicchio , Deputy Registrar .     Representatives of the parties   Government:   Mr. K . Drzewicki, Agent, Ministry of Foreign Affairs,   Applicant:   Mr H. Stabla, advocate.   Mr. Z . Musiał will also attend the hearing.     The European Commission of Human Rights will be represented by Marek A. Nowicki , assisted by Marie-Thérèse Schoepfer .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91