CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 avril 2016

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s7ED160F0 { text-decoration:none } .sC36A6361 { font-family:Arial; color:#000000 } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }   Communicated on 20 April 2016   FOURTH SECTION Application no. 27396/11 Robert SZCZUBLEWSKI against Poland lodged on 4 April 2011 STATEMENT OF FACTS The applicant, Mr Robert Szczublewski, is a Polish national, who was born in 1983 and lives in Konin. A.     The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. In 2010 the applicant was charged with robbery and theft. On 17 September 2010 the Bełchatów District Court ( Sąd   Rejonowy) convicted the applicant as charged and sentenced him to a prison term of two years and six months. In addition, the applicant was ordered to pay a fine of 1,000 Polish zlotys (PLN). During the proceedings the applicant was represented by a legal aid lawyer. The court also considered that the applicant was to be exempted from all costs of the first-instance proceedings. The applicant and his legal aid lawyer both appealed. On 20 January 2011 the Piotrków Trybunalski Regional Court ( Sąd Okręgowy ) dismissed the appeals and upheld the first-instance judgment. During the second-instance proceedings the applicant was also represented by a legal-aid lawyer. The appellate court exempted the applicant from all costs of the appellate proceedings, including legal assistance. The judgment was served on the applicant on a later unspecified date. On an unknown date the applicant filed an application for legal aid in the cassation proceedings. On 3 March 2011 the Piotrków Trybunalski Regional Court dismissed his application. The court considered that the applicant had failed to prove that he could not afford such assistance. The relevant decision read: “Accepting an application for legal aid is possible only if an accused proves that he cannot afford legal assistance without a substantial reduction in his and his family’s standard of living – art. 78 § 1 of the Code of Criminal Procedure. The applicant is not married. Before his imprisonment he used to work as a painter earning approximately 1200 PLN per month. While he is in prison, he does not have to pay for board and accommodation. There are no grounds to consider that the need to pay the costs of a lawyer of his own choice would have entailed a substantial reduction in the applicant’s standard of living.” Subsequently, the applicant on several occasions filed interlocutory appeals against this decision. In reply, he was informed that the decision is final and an appeal against a decision refusing legal aid was not available. Between January 2010 and May 2014 the applicant was serving two prison sentences imposed in two sets of criminal proceedings against him. B.     Relevant domestic law and practice The legal provisions applicable at the material time and questions of practice are set out in paragraphs 26-29 of the judgment delivered by the Court on 13   September 2011 in the case of Wersel v. Poland (no. 30358/04 , 13 September 2011). COMPLAINT The applicant complains under Article 13 of the Convention that the refusal to grant him legal assistance in connection with the preparation of a cassation appeal had infringed his right to defend himself.   QUESTION TO THE PARTIES Was the refusal to appoint a lawyer for the applicant with a view to filing a cassation appeal (see the Regional Court’s decision of 3   March 2011), which resulted in depriving him of the possibility to have his case examined by the Supreme Court, compatible with Article 6 § 1 read in conjunction with Article 6 § 3 (c) of the Convention (cf. R.D.   v. Poland , nos.   29692/96 and 34612/97, 18 December 2001; Wersel v. Poland , no. 30358/04, 13   September 2011)?