CEDH · PRESS;GENERAL;ENG — 7 octobre 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s9EE41C78 { width:396.9pt; display:inline-block } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .s8242CF8E { width:39.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     529   7.10.1999   Press release issued by the Registrar   HEARING IN THE CASE OF LITWA v. POLAND   Thursday 7 October 1999, at 9.00 a.m.     The applicant     The case concerns an application (application no.   26629/95) brought by a Polish national, Witold Litwa, who was born in 1946 and lives in Kraków (Poland).   Summary of the facts     On 5 May 1994 the applicant, who is blind in one eye and has impaired sight in the other, was arrested by police officers in a post office, following a complaint by postal clerks that he was drunk and behaving offensively.   Believing the applicant to be under the influence of alcohol, the policemen took him to a “sobering up centre”, an establishment in which Polish law permits an intoxicated person to be placed for a period not exceeding 24 hours.   A doctor who examined the applicant in the centre assessed him as being “moderately intoxicated” and decided that his state justified his confinement in the centre for six hours.   No blood or breath tests were carried out before, during or after that examination.   After six hours and thirty minutes the applicant was permitted to leave the centre, subject to payment of fees for his transportation and lodging there.     Later, the applicant sued the State Treasury for damages “for an unlawful attack by State officials and theft of personal possessions”.   His claim was deemed to be an action for compensation for manifestly unjustified arrest and detention.   It was finally dismissed by the Kraków Court of Appeal on 25 January 1995.     Complaint     The applicant complains that his detention in the Kraków “sobering up centre” was unlawful and arbitrary, in particular as neither his condition nor his behaviour justified depriving him of his liberty.   He contends that his right to liberty guaranteed under Article   5   §   1 of the European Convention on Human Rights has been violated.   Procedure     The application was lodged with the European Commission of Human Rights on 6   August 1994. Having declared the application partly admissible, the Commission adopted a report on 4 December 1998 in which it expressed the opinion that there had been no violation of Article 5 § 1 of the Convention (21 votes to 5). It referred the case to the Court on 6   March 1999.   Composition of the Court     On 31 March 1999 the Panel of the Grand Chamber decided that the case should be examined by a Section.   Later, the President of the Court assigned the case to the Second Section.     The case will be heard by a Chamber composed as follows:   Marc Fischbach (Luxemburger), President , Benedetto Conforti (Italian), Giovanni Bonello (Maltese), Viera Strážnická (Slovakian), Margarita Tsatsa-Nikolovska (FYROMacedonia), András Baka (Hungarian), Egils Levits (Latvian), Judges , Tudor Panţîru (Moldovan), Substitute Judge,   and also Erik Fribergh , Section Registrar.   Representatives of the parties   Government:   Krzysztof Drzewicki Agent , Andrzej Kaliński , Counsel , Bożena Drzewicka and Małgorzata Wąsek-Wiaderek , Advisers ;   Applicant:   Piotr Sołhaj , Counsel , Krzysztof Tor, Adviser.     ***     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92) or   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91     The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.