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Polish government admits a violation of the right to liberty and security of the person

The European Court of Human Rights (ECHR) has accepted a unilateral declaration of the Polish government in the case Hernandez against Poland. In its declaration, the government admitted a violation of art. 5 § 3 and art. 6 § 1 of the European Convention on Human Rights (Convention) due to the excessive length of pre-trial detention and criminal proceedings against the applicant.

David Hernandez, a Dutch citizen, was detained pre-trial in a detention centre in Warsaw district of Mokotów and then Białołęka. He was arrested in February 2009. The pre-trial detention applied against him was repeatedly prolonged and, as a result, lasted for 6 years. The case has been ongoing before the court of the first instance.

“Despite the fact that, after the government’s declaration was accepted, the case was removed from the ECHR’s docket, we are happy with this solution,” says advocate Paweł Osik who, together with advocate Mikołaj Pietrzak represented David Hernandez in the proceedings before the ECHR. “The government, by submitting a unilateral declaration, admitted at same time that pre-trial detention applied in the case of our client was far too long and manifestly violated the client’s rights guaranteed in the Convention,” advocate Paweł Osik adds.

This press information was prepared with consent of the applicant who was represented by the lawyers from the Pietrzak Sidor & Partners Law Firm.