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The European Court of Human Rights (First Section), sitting as a Chamber composed of:
The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 2 November 1998, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). It originated in an application (no. 28358/95) against the Republic of Poland lodged with the Commission under former Article 25 by a Polish national, Mr Janusz Baranowski (“the applicant”), on 24 May 1994. The applicant alleged a violation of Article 5 §§ 1 and 4 and Article 6 §§ 1 and 2 of the Convention.
The Commission declared the application partly admissible on 8 December 1997. In its report of 28 May 1998 (former Article 31 of the Convention), it expressed the unanimous opinion that there had been a violation of Article 5 § 1 in that the applicant's detention under the bill of indictment had been unlawful and that there had been a violation of Article 5 § 4 in view of the length of the proceedings relating to the lawfulness of his detention [1] .
On 20 January 1999 a panel of the Grand Chamber determined that the case should be decided by one of the Sections (Rule 100 § 1 of the Rules of Court). It was thereupon assigned to the First Section.
After consulting the Agent of the Government and the applicant's lawyer, the Chamber decided that it was not necessary to hold a hearing.
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