The text of this case can be found on the European Court of Human Rights' HUDOC database.
Facts: Roman and Slavomir
Berlinski were apprehended by police officers who were allegedly hostile
since they sprayed the applicants with tear-gas and struck them with a
stick. The Government denies that any ill-treatment occurred. At the police
station the applicants were questioned and later released. Roman Berlinski
was taken to a hospital where he remained for 11 days. Further
investigations were opened against the applicants who were charged with
affray, assault and battery against the police officers. They were required
to undergo psychiatric tests; having refused, Roman Berliński was
compulsorily placed in a mental hospital. The Lublin District Court found
the applicants guilty under Article 234 of the Criminal Code in that they
had resisted and assaulted the police. They received suspended prison
sentences of one year and six months and one year respectively.
Allegations: The applicants alleged, in particular, that they were
ill-treated by the police and that their defence rights were violated in
that they had no defence counsel for a period of over a year during the
preliminary investigation of a criminal case against them. They relied on
Articles 3 (prohibition of degrading treatment) and Article 6 §§ 1 and 3(c)
(right to a fair hearing).
Holding: The Court held, unanimously, that there had been no violation
of Article 3. It also held, unanimously, that there had been a violation of
Article 6 §§ 1 and 3 (c)
