The Press Release of the Case of Czarnowski v. Poland

On the 20th Jan. 2009, the European Court of Human Rights announced the judgment of Czarnowski v. Poland (Application Number 2858/03), which is in favor of the applicant; find a violation of the right to family regulated by Article 8 of the Convention. Since Mr Edward Czarnowski asked for no compensation, the Court did not release any justification neither. The Helsinki Foundation for Human Rights was a third party in this case which underlined the importance of temporary leave for the process of the resocialization of prisoners and referred to the Co.E recommendations in this respect.

Mr Czarnowski was sentenced to 1 year imprisonment suspended on probation for 4 years. Since the break of the terms of his probation, then he was sent to prison for the one year imprisonment. After 4 months imprisonment, the applicant asked for a permission to attend his father’s funeral, however, rejected by the court for the reason of “can not be considered especially important”. Specifically in this case, the Court adopted the two steps in the background of the whole case to check whether there is a violation, first find a inference to the applicant’s right, then considered whether proportionate, which leads to the conclusion there is not evidence to show the applicant was such a dangerous man to reject his right to attend his father’s funeral.

From this case, it has been clearly illustrated by the Court the principle of both respecting a member state’s margin of appreciation also the right under the Convention, which also requires that any restriction on the Convention rights has to be justified as “necessary in a domestic society” even restricting a prisoner’s family right. It has to be said again that for a state member, a board name of state security, endangering society can no longer sustain their restricting on individual’s rights. They are burdened to find enough evidences proportionate to the relevant restriction.