Rybacki against Poland - 52479/99 [2011] ECHR 2186 (2 December 2011)

Rybacki against Poland - 52479/99 [2011] ECHR 2186 (2 December 2011)

The applicant's detention on remand was excessively long without sufficient justification, and the restriction on communication with his lawyer was not warranted by any risk of collusion, thus violating Articles 5§3 and 6§3(c) in conjunction with Article 6§1 of the Convention.

Citation
[2011] ECHR 2186
Parties
Applicant: Rybacki; Respondent State: Poland
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
Human Rights Violation / Execution of Judgment
Outcome
examination closed
Legal Topics
Excessive Length of Detention, Right to Legal Assistance, Fair Trial, Remedies for Human Rights Violations
Human Rights Law Criminal Procedure Excessive Length of Detention Right to Legal Assistance Fair Trial Remedies for Human Rights Violations

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Parties

Rybacki

Applicant

Poland

Respondent State

Procedural Posture

Human Rights Violation / Execution of Judgment

Legal Issues

  1. 1 Whether the applicant's detention on remand was excessively long in violation of Article 5§3 of the Convention
  2. 2 Whether the applicant's right to defend himself through legal assistance of his own choosing was violated under Article 6§3(c) in conjunction with Article 6§1

Ratio Decidendi

The applicant's detention on remand was excessively long without sufficient justification, and the restriction on communication with his lawyer was not warranted by any risk of collusion, thus violating Articles 5§3 and 6§3(c) in conjunction with Article 6§1 of the Convention.

Court Disposition

examination closed

Orders

  • The Committee of Ministers declares it has exercised its functions under Article 46, paragraph 2, of the Convention and decides to close the examination of the case.