In this case the ECHR found that there had been a violation of the right to life resulting from the use of disproportionate degree of force by police officers against Mr Kałucki and the absence of an effective investigation into Mr Kałucki’s death.
Mr Kałucki died as a result of a police operation during which the officers fired automatic weapons to stop the vehicle allegedly carrying armed gang members. Instead, the vehicle was occupied by Mr Kałucki and two other persons who tried to escape as they thought they were about to be robbed. Though no explicit order was given, the police opened fire to prevent the escape of the ‘suspects’ allegedly reacting to their attempts to pose a direct threat to the life of one of the officers.
Following the ECHR judgement the case was remanded to the Appellate Prosecutor’s Office in Łódź. It was sent back by the Prosecutor General’s Office only after the intervention of the Helsinki Foundation for Human Rights, namely a letter of 4 May 2010. The Foundation requested the reopening of the investigation into Mr Kałucki’s death and establishing who ought to be held accountable for planning and carrying out the police operation leading to his death. The above course of action is required of the state under the Recommendation No. R (2000) 2 of the Committee of Ministers to member states on the re-examination or reopening of certain cases at domestic level following judgements of the European Court of Human Right. The Recommendation emphasises that re-examination of the case may be the most efficient, if not the only, means of fulfilling the obligation to abide by the final judgement of the ECHR.
In October 2010 the prosecutor’s office reopened the investigation into Mr Kałucki’s death. Yet, already in December 2010 the proceedings were discontinued.
Following the appeal filed by Ms Wasilewska and Ms Kałucka the case is currently examined by the District Court in Tomaszów Mazowiecki. The hearing on the appeal against a decision to discontinue the investigation was held on 25 August 2011. The Court in Tomaszów Mazowiecki decided to request additional case files from the Court in Piotrków Trybunalski. The next hearing during which the case is to be decided was scheduled for 24 October 2011.
In light of the above, the HFHR pleaded the Council of Europe’s Committee of Ministers to urge the Polish authorities to take necessary measures and actions aiming at the effective implementation of the ECHR judgement in the case of Wasilewska and Kałucka v. Poland.
