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Poland
1348. By letter dated 15 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning Grzegorz Hulewicz, age 30. On 19 November 2002, he was arrested in Sopot and detained for 48 hours by the police of the Polish Central Bureau of Investigation. In custody he was beaten and sustained injuries, including to his head, loss of feeling on some parts of the body, head aches, damage to his kidneys, and bruising all over his body. He was taken to a hospital and then transferred to the pre-trial detention facility in Gdansk on Kurkowa Street. He was ill-treated during the transfer.
1349. By letter dated 21 December 2004, the Government informed that on 30 December
2002, the Sopot District Prosecutor started an investigation. Mr. Hulewicz, witnesses to the
incident, the policemen involved, and a medical expert’s testimony were heard. The testimony
of persons present at the time of arrest did not explicitly confirm his version of events. The
policemen explained that a stun grenade was used upon entering the flat, the explosion of
which could have caused his temporary loss of consciousness, fall and light injuries (e.g.
nosebleed, bruising). The medical expert stated that the injuries suffered, did not last longer
than seven days, and therefore the injuries did not fulfil the provisions of Article 157.1 of the
Penal Code. The use of plastic handgrips and metallic handcuffs during transfer, even if
unpleasant, was justified. The prosecutor, after having analysed the evidence, decided to
discontinue the investigation on 8 May 2003. Mr. Hulewicz had the right to appeal against the
decision, and to institute a private charge according to Article 157.4 of the Code, however he
undertook neither action. The Gdansk Regional Prosecutor subsequently affirmed the
dismissal of the investigation. The police action in the course of the arrest cannot be
considered torture or other cruel, inhuman or degrading treatment or punishment. The conduct
of the authorities was reasonable and fully justifiable, and they also proved due diligence in
the conduct of the investigation.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.