CAT/OP/POL/CSPRO/1 32. Regarding para. 47 of the report, procedural basis for recording of procedure by device registering vision or sound constitutes art. 147 of the Criminal Procedure Code (CPC). This act, having regard to exceptions enumerated in § 3, is not compulsory (art. 147 § 1 CPC) and lies within the remit of processing authority. It shall be underlined that value of a record of explanations of the defendant (witness statement) consists on recording his/her own statements, and put into record by a third person (transcription). It allows for more appropriate assessment of spontaneity of explanations or statements made. Full recording, including both vision and sound, should be taken into account in cases where it is justified to get a „full image” of conduct of activities – statements and gesture of persons taking part in it. In particular, as the Police practice is concerned, recording should be used in complicated cases, as well as during procedural activities when acquired explanations or statements shall be crucial for the evidence. Recording may refer to every recorded activity, i.e. activity in which the act requires (art. 143 § 1 CPC) or allows for (art. 143 § 2 CPC) a transcript to be made. It should be noted that Article 147 of the Code of Criminal Proceedings provide for the possibility of recording activities covered by reports, such as hearing a witness or an interrogation of a suspect, with the use of a device recording image and sound, but the decision to this effect is taken by the person in charge of proceedings and is optional. 33. In accordance with art. 147 § 1 CPC, persons participating in the procedure should be advised of recording. However, decision of authority whether record an activity or not is not dependent of the consent of person with whom the activity is being made – only advising of it is mandatory. It should be noted that recording by means of a device registering vision or sound must be regarded solely as a form of recording the course of procedural activity and thus it does not release from an obligation to make a transcript. In accordance to art. 147 § 3 CPC, in these circumstances the transcript may be limited to the most important statements made by persons participating therein. 34. Recording of procedure under art. 147 CPC shall be done in accordance with requirements as set out in the Minister of Justice regulation of 11 January 2017 on registration of vision or sound for the purpose of judicial proceedings in criminal procedure (JoL, pos. 93). 35. It should be underlined that in Police units premises, where possible, rooms for interrogation are designated, equipped with appropriate recording device. In newly built premises designation of rooms of this type is a standard. (ii) Fundamental legal safeguards Information about rights 36. With regards to paras. 49 to 50 of the report, rights of a person arrested were regulated in Division VI of the CPC – Use of force, chapter 27 – Arrest. The rights are as follows: • Right to information. The arrestee is immediately informed of the reasons for the arrest and of his/her rights. The ground should be justified (important and duly evidenced), as well as prescribed by law (art. 244 § 2 CPC); • Right to obtain a copy of the arrest report. It is evidence that the officers duly fulfilled their obligation to inform and to hear (art. 244 §3 CPC). The document can be read by the arrestee in person or by a Police officer (eg. in case of a person with visual impairment or blind) and signed by this person subsequently. When the arrestee is not able to provide his/her signature, a Police officer in the report shall evidence the fact that the document had been read to that person and that the person cannot or refuses to sign the document; • Right to make a statement or to deny to make a statement in the case (not to provide answers on questions given) of the arrestee, as well as to refer to the cause of arrest (art. 244 § 3 CPC); 11