CEDH · PRESS;GENERAL;ENG — 14 mars 2000

.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 } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s75AF5381 { font-family:Arial; font-size:8pt; display:none } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     185   14.03.2000   Press release issued by the Registrar   HEARING IN THE CASE OF NIEDBAŁA v. POLAND   Tuesday 14 March 2000 at 2.30 p.m.     The applicant   The case concerns an application brought by a Polish   national, Maciej Niedbała, who was born in 1969 and lives in Jastrzębie Zdrój.   Summary of the facts   On 2 September 1994 Mr Niedbała was remanded in custody on suspicion of stealing a car and on 20 March 1995 he was convicted of possession of stolen goods and released from detention on remand. He was re-arrested on 21 April 1995 and was again detained on remand on suspicion of the attempted theft of a car. On 5 September the Katowice Court of Appeal amended the judgment of 20 March 1995, finding the applicant guilty of aiding and abetting the sale of stolen goods.   Complaints   Mr Niedbała complains that he was deprived of his liberty by decision of a prosecutor who was not a judge or other officer authorised by law to exercise judicial power; that neither he nor his lawyer were present at the proceedings to review his detention; and that his correspondence with the Ombudsman was intercepted by the prison authorities, forwarded to the court before which his case was pending and consequently delayed. He invokes Article 5 §§ 3 and 4 (right to liberty and security) and Article 8 (right to respect for correspondence) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 5 February 1995.   Having declared the application admissible, the Commission adopted a report on 1 March 1999 in which it expressed the unanimous opinion that there had been a violation of Articles 5 § 3, 5 § 4 and 8 of the Convention. It referred the case to the Court on 3 June 1999.                 Composition of the Court   On 7 July 1999 a panel of the Grand Chamber decided that the case would be heard by a Chamber set up within one of the Sections of the Court.   The Chamber is composed as follows:   Elisabeth Palm (Swedish), President , Josep Casadevall (Andorran), Luigi Ferrari Bravo (Italian) [1] , Jerzy Makarczyk (Polish), Boštjan Zupančič (Slovenian), Wilhelmina Thomassen (Dutch), Tudor Panţîru (Moldovan), Judges , Riza Türmen (Turkish), Rait Maruste (Estonian), Substitute Judges,   and also Michael O’Boyle, Section Registrar .     Representatives of the parties   Government:   Krzysztof Drzewicki , Agent , Wojciech Dziuban , Counsel , Renata Kowalska , Małgorzata Wąsek-Wiaderek and Piotr Nowotniak , Advisers ;   Applicant:   Wojciech Hermeliński , Counsel .     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)   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 Strasbourg in 1959 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. [1]   Elected as the judge in respect of San Marino.