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The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
The case originated in an application (no. 27785/95) 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 Adam Włoch (“the applicant”), on 5 December 1994.
The applicant alleged, in particular, that his detention on remand lacked any legal basis under Polish law as it stood at the material time and that it was, therefore, in breach of Article 5 § 1 (c) of the Convention. He complained that the proceedings before the Cracow Regional Court and the Cracow Court of Appeal, concerning his detention on remand, were not truly adversarial as required by Article 5 § 4 of the Convention, and that the criminal proceedings against him had not been conducted within a reasonable time, within the meaning of Article 6 § 1 of the Convention.
The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).
The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court).
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