CAT/OP/POL/CSPRO/1
permanently resides (art. 612 § 2 CPC). It should be noted that if a binding consular
agreement between Poland and a state of whom the arrestee is a citizen provides so,
relevant consular office or diplomatic mission shall be notified of the arrest regardless the
arrestee request.
Diplomatic assistance/translation
53.
In the case of the recommendation included in para. 58 of the report, if the arrested
person is not a Polish citizen, he or she is entitled to contact a consular official or a
diplomatic representation of the state whose citizen he or she is. If such person has no
citizenship, he or she is entitled to contact a representative of the state in which he or she
resides permanently (Article 612 § 2 of the Code of Criminal Proceedings). If a consular
agreement between Poland and the state of which the arrested person is a citizen states so,
the competent consular office or diplomatic representation will be notified of the arrest
even without the arrested person’s request.
54.
Regarding para. 59 of the report, right to an interpreter is anchored in the
provisions of the Polish Constitution (art. 42) as well as in CPC. It stems from the Code
provisions that the arrestee shall be immediately informed on the right to a gratuitous help
of an interpreter, if the arrestee does not have a sufficient command of Polish. On the basis
of art. 244 § 5 CPC, the Minister of Justice defined the form of the instruction for the
arrestee in criminal proceedings. Police officers, in a situation when a foreigner is being
arrested, are oblige to deliver to him/her a caution on the rights in a comprehensive
language. It is also referred to in § 87 of the Police Commander-in-Chief Guidelines on
performance of certain investigation actions undertaken by Police officers of 30 August
2017 with the following wording: „6. In the arrest record should be put statements made by
the arrestee after being informed on the apprehension cause and his/her rights, in a way as
indicated in paragraph 1. While giving instruction on the rights in criminal proceedings, its
content shall simultaneously be explained. Copy of the instruction signed by the arrestee
shall be enclosed to the main proceedings files.” § 87 paragraph 7 thereof indicates that: to
the arrestee who does not command Polish a translated caution on the rights in a suitable
language shall be given by a Police officer. If a text in a suitable language is not available, a
fact of providing oral translation by an interpreter should be stated in the record, together
with giving instruction on possibility to request written instruction on the rights in a
comprehensible language”.
55.
As the right to immediately notify the arrest to the next of kin of the arrestee or other
person indicated by him/her, as already mentioned, the arrestee is being informed directly
after the arrest is made. It is duly notified in the report, confirmed by the arrestee’s
signature. In case of foreigners, it may refer to a consular office or diplomatic mission of
whom the arrestee is a citizen. In case of the arrest of a stateless person – right to contact a
diplomatic mission of a State, where this person permanently resides (art. 612 § 2 CPC). It
should be noted that if a binding consular agreement between Poland and a state of whom
the arrestee is a citizen provides so, relevant consular office or diplomatic mission shall be
notified of the arrest regardless the arrestee request.
(iii)
Conditions of detention at police stations
Material conditions
56.
With respect to paras. 61, 63, 65 and 67 of the report, elimination of irregularities
in the field of adapting rooms to applicable technical standards in many cases requires
considerable financial outlays. For this reason, the process of improving living conditions
in rooms intended for detained persons has been going on for several years, and its
implementation is successive, although it depends on the budget allocated to the Police.
Transportation standards
57.
Regarding the recommendation in para. 69 of the report, police is taking
ongoing measures to improve the rolling stock, including those intended for the transport of
detained persons.
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