In 2012, the District Court in Siemianowice Śląskie sustained the motion of a probation officer and ordered the enforcement of a conditionally suspended sentence of six months in prison. M.K. spent 134 days in prisons in Wojkowice and Opole Lubelskie. He was granted a conditional early release and subsequently released from prison without having to serve the remaining portion of his sentence. M.K. did not know why he had been imprisoned. During his term in prison he unsuccessfully tried to find out the reason for his detention. It was only after his release that the District Court in Siemianowice Śląskie changed its previous decision. It turned out that the decision to enforce the sentence was made under a different conviction concerning a different person bearing the same surname but a different name.

M. K.’s counsel filed a lawsuit on his behalf pursuing the award of PLN 300,000 from the State Treasury to her client as compensation for his moral loss. It is stated in the lawsuit that as a result of detention M.K. had lost his work, health and apartment. It is also noted that M.K. has a strong sense of wrong, hurt and injustice resulting from the infringement of his personal interests.

In response to the lawsuit the State Treasury Solicitors’ Office argued that no circumstances that would justify the award of the compensation exist in the case. According to them the detention of M.K. did not worsen his situation as he was an unemployed and homeless person.

At the hearing both the claimant and the defendant confirmed their statements. The Court also allowed the HFHR to join the pending proceedings as a community organisation.

“A fatal error of the justice system happened in this case, for which the State Treasury should be held accountable. The fault lies with the District Court in Siemianowice Śląskie which failed to properly investigate the case files before ordering the enforcement of the prison sentence”, says Anna Grochowska, HFHR lawyer.

During the hearing counsel for M.K. proposed – on his behalf – a settlement. As part of the proposed settlement the State Treasury should pay to the claimant the amount of PLN 250,000 as compensation for moral loss. The State Treasury Solicitors’ Office has 21 days to consider the conditions of the settlement.