Kędzior v. Poland

The Court found that the framework which allowed Mr Kędzior’s guardian to place him in a social care institution against his will provided no safeguards or opportunity for him to challenge this decision. The court that no assessments had been made as to whether Mr Kędzior should continue living in the institute during his time there, citing this as further evidence of a violation of his right to liberty (Article 5(1) ECHR). In finding this violation, the Court criticised the fact that periodic judicial reviews of Mr Kędzior’s placement in a social care home never took place. This, combined with the situation that people who have had their legal capacity removed were unable to initiate legal proceedings in Poland, meant that Mr Kędzior had no avenue available to him to have his involuntary placement assessed. Thus the Court found a violation of the right to review the lawfulness of detention (Article 5(4) ECHR) Due to the fact that Mr Kędzior could not apply to the Polish courts by himself and challenge both the restriction of his legal capacity and placement under guardianship, the Court found that this meant his right to liberty had been restricted without him having a right to present his case in court. This situation further violated his right to a fair trial (Article 6(1) ECHR).