ECHR 2011/11 Case of Kupczak v. Poland, 25 January 2011, no. 2627/09 (Fourth Section).

摘要

The applicant is a Polish national who was born in 1955 and lives in Krakow (Poland). As a result of a car accident in 1998, he became paraplegic and suffered continuously from severe back pain. To ease the pain, he had morphine pump implanted in his body which infused morphine directly into his spinal fluids.The police arrested the applicant on 26 October 2006 on suspicion of him leading an organised criminal gang dealing mostly with money laundering. A court authorised his custody on the following day. The applicant asked to be released as his state of health was incompatible with detention. His request was refused.Between November 2006 and May 2009, the applicant's detention awaiting trial was continuously extended and his appeals against it dismissed. The Polish courts justified keeping him in custody given a reasonable suspicion against him, the severity of the penalty which might be imposed if he were found guilty and the risk that he could interfere with the proceedings if released.