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Case Study 1 Task 3

The case of Adamski v. Poland involves violations of multiple rights under the European Convention on Human Rights, including the right to vote, prohibition of inhuman treatment, right to private life, and right to an effective remedy. The state failed to protect Adamski's voting rights and subjected him to degrading treatment, while also denying him a fair legal remedy. The case highlights the conflict between prison security measures and the dignity of inmates, suggesting that Poland may have breached its obligations under the ECHR.

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Yenela Vakele
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8 views2 pages

Case Study 1 Task 3

The case of Adamski v. Poland involves violations of multiple rights under the European Convention on Human Rights, including the right to vote, prohibition of inhuman treatment, right to private life, and right to an effective remedy. The state failed to protect Adamski's voting rights and subjected him to degrading treatment, while also denying him a fair legal remedy. The case highlights the conflict between prison security measures and the dignity of inmates, suggesting that Poland may have breached its obligations under the ECHR.

Uploaded by

Yenela Vakele
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Case Study 1: Adamski v.

Poland – Video Response


1. Rights and Freedoms at Stake
The following rights are at stake in this case:
• Right to Vote (Article 3, Protocol 1 of the European Convention on Human Rights
- ECHR)
Adamski was denied his right to participate in parliamentary elections, which is a
fundamental democratic right protected under the ECHR.
• Prohibition of Inhuman or Degrading Treatment (Article 3 of the ECHR)
The degrading body check, humiliating remarks, and verbal abuse by the guards
may constitute inhuman or degrading treatment.
• Right to Private Life (Article 8 of the ECHR)
The forced body search and humiliation infringed on Adamski’s personal dignity
and privacy.
• Right to an Effective Remedy (Article 13 of the ECHR)
Adamski was denied an effective legal remedy when the Supreme Court
dismissed his protest without a thorough and impartial review.
2. State Obligations
The state has the following obligations under the ECHR:
• To Protect the Right to Vote
The state must ensure that all prisoners, unless lawfully disenfranchised, have
access to the voting process without unnecessary restrictions.
• To Prevent Inhuman and Degrading Treatment
The state must ensure that detainees are not subjected to humiliating or
degrading treatment, particularly at the hands of public officials.
• To Ensure Proper Oversight and Judicial Remedies
The judiciary must provide an impartial and reasoned decision when reviewing
cases of alleged human rights violations.
3. Conflicts Between Rights
There is a potential conflict between:
• Prison Security vs. Right to Vote
Authorities argued that the body search was necessary for security reasons, but
this rationale seems weak given the lack of evidence that Adamski posed a
threat.
• Prison Administration vs. Human Dignity
The prison’s justification for the search conflicts with Adamski’s dignity and
freedom from humiliating treatment.
4. Has the State Violated Human Rights?
Yes, the state has violated multiple rights:
• The denial of the right to vote without valid justification breached Article 3,
Protocol 1.
• The degrading treatment by prison guards violated Article 3.
• The lack of an effective remedy before national courts violated Article 13.
5. Possible Dissenting Opinion
A dissenting view might argue that:
• Security Justifications: The prison acted within its discretion to maintain order
and safety.
• No Physical Harm: The incident did not amount to torture or physical
mistreatment. However, these arguments are weak as Adamski’s treatment was
humiliating and disproportionate.
Conclusion
Poland likely breached the ECHR, and Adamski’s appeal to the European Court of
Human Rights (ECtHR) may succeed, setting a precedent for protecting prisoners' rights
in democratic processes.

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