Poland / Appelate Court in Białystok / II AKzw 665/13 Prosecutor in Bialystok v J. P.

Key facts of the case:

The case relates to a (one) month break in the execution of the penalty of 25 years of imprisonment served by the applicant J.P. convicted in 2002. The applicant claimed a break in order to receive treatment outside prison. The District Court in Suwałki refused to grant the break in the sentence in a decision based on the grounds that there are no health reasons justifying such a decision. This decision was appealed by the applicant's lawyer. The Court of Appeal in Białystok changed that decision by granting the applicant a break in serving the prison sentence.

Paragraphs referring to EU Charter: 


Therefore at this point, the Court should properly recall the issue – seemingly – obvious and fundamental that a person deprived of liberty has a naturally limited ability to decide for themselves, and as defined in Article 4 of The Executive Penal Code, Article 41 paragraph. 4 of the Constitution, Article 4 of the Charter of Fundamental Rights and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the requirement of humane treatment of convicts imposes on State authorities, which execute the penalty, the obligation to ensure the real fulfillment of the right to health care.

Deciding body (original language): 
Sąd Apelacyjny w Białymstoku