Avenue de l'Europe
Leszczak v. Poland 
| 2006
…the grounds given for [Andrzej Leszczak's] pre-trial detention were not “sufficient” and “relevant” to justify holding him in custody for over 2 years and 10 months…
Judgment of the European Court of Human Rights, March 2006
Wrongfully accused of murder and attempted burglary, Andrzej Leszczak was detained for almost three years before he was finally acquitted. He continually protested his innocence and insisted that he would attend trial, but his requests to be released before his trial were refused.
The European court ruled that the Polish authorities had not given proper reasons for holding Mr Leszczak for over two years and ten months. His applications for release had not been properly assessed. In particular, other methods had not been explored for making sure that he attended his trial. This meant that Mr Leszczak had been detained for almost three years in circumstances that violated his right to liberty.
Following a series of similar cases, Poland made extensive reforms that led to a massive reduction in violations of the right to liberty in Poland. The reforms included:
Khaled El-Masri’s unimaginable ordeal began when he was detained by FYR Macedonian border officials. He was handed over to US intelligence agents, who transferred him to a secret prison in Afghanistan. The European court recognised Khaled as a victim of “extraordinary rendition” and awarded him damages. FYR Macedonia apologised and took steps to prevent future such human rights violations.
Locked in a windowless cell, I. I. spent 3 months in pre-trial detention for a crime he did not commit. After he developed various illnesses, the charges against I.I. were dropped because of a lack of evidence and he was released. Following a series of similar cases, the law in Bulgaria was changed to protect people’s right to liberty.
Frits Winterwerp was detained in a psychiatric hospital. He said that he was not mentally ill and he should be released. However, he was repeatedly prevented from making his case in the Dutch courts, which kept extending his detention without hearing from him. The European court ruled this had violated his right to liberty. Reforms were made to protect people in Mr Winterwerp’s situation.
Poland
North Macedonia
Bulgaria
Netherlands