M.B. v. POLAND - 34091/96

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

The case originated in an application (no. 34091/96) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr M.B. (“the applicant”), on 19 July 1995. The President of the Chamber acceded to the applicant's request not to have his name disclosed (Rule 47 § 3 of the Rules of Court).

The applicant died on 26 July 1998. By a decision of 8 March 2001 the Court held that in the light of its case-law there was no obstacle to the case being pursued by the applicant's father, Mr H.B. who had been granted legal aid and who was represented before the Court by Ms B. Banasik, a lawyer practising in Łódź. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz.

The applicant alleged, in particular, that he was arrested by a public prosecutor who was not a “judge or an officer authorised by law to exercise judicial power”, as required by Article 5 § 3 of the Convention. The applicant further complained under Article 5 § 4 that in the proceedings concerning his detention he was never brought before a judge. Therefore he did not have any possibility of effectively arguing any points relied on by the prosecution in support of his detention.