BAGINSKI v. POLAND View

Notes

Date	11/10/2005
AppNr	37444/97
Body	Court (Fourth Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 5-1-c; 5-3; 5-4; 8-1; 8-2
Violated / NonViolated	5-15-35-48
Citations	35-35-46-16-3-b6-3-c85-35-47

Conclusions:

Non-pecuniary damage - financial award
Violation of Art. 5-1
Violation of Art. 5-4
Violation of Art. 8
Violations of Art. 5-3

Keywords:

(art. 5-1) lawful arrest or detention
(art. 5-3) brought promptly before judge or other officer
(art. 5-3) length of pre-trial detention
(art. 5-4) speediness of review
(art. 8-1) respect for family life

ECHR Notes

Originating Body	Court (Fourth Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	37444/97
Importance Level	3
Represented by	KONCEWICZ W.
Respondent State	Poland
Date of Introduction	09/09/1996
Date of Judgment	11/10/2005
Conclusion	Violation of Art. 5-1 ; Violations of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 8 ; Non-pecuniary damage - financial award
Articles	5-1-c ; 5-3 ; 5-4 ; 8-1 ; 8-2 ; 41
Separate Opinions	No
Law at Issue	1969 Code of Criminal Procedure (as amended), Articles 88, 209-210, 212-214, 217-218, 222 and 225 ; Law of 29 June 1995 on Amendments to the Code of Criminal Procedure and Other Criminal Statutes ; Law of 1 December 1995 on Amendments to the Law of 29 June 1995 ; 1997 Code of Criminal Procedure ; 1969 Code of Execution of Criminal Sentences, Articles 82-90
Strasbourg Case Law	Dacewicz v. Poland, no. 34611/97, judgment of 2 July 2002, § 21 ; Douiyeb v. the Netherlands [GC], no. 31464/96, §§ 44-45 ; Jablonski v. Poland, no. 33492/96 § 80, § 83, 21 December 2000 ; Kalashnikov v. Russia (dec.), no. 47095/99, ECHR-2001 ; Kudla v. Poland [GC], no. 30210/96, §§ 110-111, ECHR 2000-XI ; McLeod v. the United Kingdom, judgment of 23 September 1998, Reports of Judgments and Decisions 1998-VII, p. 2791, § 52 ; Messina v. Italy (no. 2), no. 25498/94, § 61, §§ 62-63, 28 September 2000 ; Niedbala v. Poland, no. 27915/95, judgment of 4 July 2000, §§ 48-57 ; Ploski v. Poland, no. 26761/95, § 35, 12 November 2002 ; Raninen v. Finland, judgment of 16 December 1997, Reports of Judgments and Decisions 1997-VIII, p. 2819, § 46 ; Wloch v. Poland, no. 27785/95, §§ 69-73, §§ 125-132; 19 October 2000, ECHR-2000-XI ; X v. the United Kingdom, no. 8065/77, Commission decision of 3 May 1978, Decisions and Reports 14, p. 246
Keywords	"(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-3) BROUGHT PROMPTLY BEFORE JUDGE OR OTHER OFFICER" "(Art. 5-3) LENGTH OF PRE-TRIAL DETENTION" "(Art. 5-4) SPEEDINESS OF REVIEW" "(Art. 8-1) RESPECT FOR FAMILY LIFE"

Application Documents 1

1

BAGINSKI v. POLAND

Court (Fourth Section) Decision

21/01/2003

References 11

	22 PLOSKI v. POLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	12/11/2002
	9 DACEWICZ v. POLAND 5-3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	02/07/2002
	179 KALASHNIKOV v. RUSSIA Court (Third Section) Decision	18/09/2001
	176 JABLONSKI v. POLAND 5-3, 5-4, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/12/2000
	1907 KUDLA v. POLAND 5-3, 6-1, 13, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	26/10/2000
	16 WLOCH v. POLAND 5-4, 5-1, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	19/10/2000
	11 MESSINA v. ITALY (No. 2) 8, 13, 8 Court (Second Section) Judgment (Merits)	28/09/2000
	69 NIEDBALA v. POLAND 5-3, 5-4, 8 Court (First Section) Judgment (Merits and Just Satisfaction)	04/07/2000
	67 WLOCH v. POLAND Court (Fourth Section) Decision	30/03/2000
	145 RANINEN v. FINLAND 5-1, 3, 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	16/12/1997
	5 X. c. THE UNITED KINGDOM Commission (Plenary) Decision	03/05/1978

Citations Breakdown

1–10 of 25

Citations 25

	2 BOGUSLAW KRAWCZAK v. POLAND 5-3, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	31/05/2011
	CHERNYSHOV v. POLAND 5-3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	03/05/2011
	22 KULIKOWSKI v. POLAND 5-3, 6-3-c, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	19/05/2009
	RUSIECKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/04/2009
	RYBACKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	13/01/2009
	GUZIUK v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/10/2008
	26 MOISEYEV v. RUSSIA 3, 5-3, 5-4, 6-1, 6-3-b, 6-3-c, 8, 7 Court (First Section) Judgment (Merits and Just Satisfaction)	09/10/2008
	MARCHOWSKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	08/07/2008
	KUCHARSKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	03/06/2008
	2 FERLA v. POLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	20/05/2008

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