CAT/OP/POL/CSPRO/1 Access to a lawyer 39. The matter of exercising the right to a public defender, described as a recommendation in para. 52 of the report, is regulated by Article 244 § 2 of the Code of Criminal Proceedings. When arresting a suspect, the Police is obliged to immediately notify such person of the reasons for arrest and his or her rights (including the right to consult a lawyer). If the arrested person requests so, they should be immediately allowed to make contact in any form available with a lawyer and to speak to the lawyer in person. The arresting party may reserve its right to be present during such conversation. However, if the arrested person is not able to hire a lawyer, the law does not provide for the possibility of appointing a public defender at this stage of proceedings. This limitation arises from the fact that at this stage of proceedings it is not clear whether criminal proceedings in personam are to be initiated and whether it will be necessary for the arrested person to defend herself or himself. It seems that this legal status quo is not in breach of Article 42(2) of the Constitution of the Republic of Poland. Pursuant to Article 300 § 1 of the Code of Criminal Proceedings, before the first interrogation suspects must be cautioned of their rights, such as the right to a lawyer, including the right to apply for a public defender. 40. In accordance to art. 245 § 1 of CPC and art. 46 § 4 of the Act of 24 August 2001 – Code of procedure for misdemeanours (CPM), the arrestee for an offence as well as for a misdemeanour, shall have a right to e.g. to be allowed to contact an advocate or attorney-atlaw in an available form and have a direct conversation with him/her and right to submit an interlocutory appeal to the court within 7 days following the day of apprehension. 41. The arrestee, at his request, should be allowed to contact an advocate or attorney-atlaw in an available form and have a direct conversation with him/her in order to acquire professional legal advice. In exceptional cases, justified by particular circumstances, the arresting authority may reserve that it will be present during said conversation. Approval for that contact is mandatory solely upon express request of the arrestee. Performance of that obligation may consist on informing indicated advocate/attorney-at-law on fact and cause of the arrest, to have a direct conversation or to inform via arresting authority. As the arrestee makes such a request (for a contact), it shall be proceeded immediately regardless the question of having a direct conversation with him/her. 42. While exercising the aforementioned right, the Police make use of e.g. provisions issued under art. 517j CPC – namely, regulation of the Minister of Justice of 23 June 2015 on the manner of ensuring the assistance of a defence counsel to the accused, in accelerated proceedings. 43. It should be stressed that in Poland there is a mechanism granting to an arrestee information on advocates/attorneys-at-law in an appropriate town whom assistance he/she may seek (list of advocates and attorneys-at-law). Such a solution was introduced in an amendment to criminal proceedings, and was described in details in the Minister of Justice’s regulation of 23 June 2015 on the manner of ensuring the assistance of a defence counsel to the accused in accelerated proceedings (JoL pos. 920). To this system a reference was given in the Police Commander-in-Chief guidelines no. 3 in the following wording: “In order to enable the arrestee’s contact with an advocate or an attorney-at-law, procedure set out in the Minister of Justice’s regulation of 23 June 2015 on the manner of ensuring the assistance of a defence counsel to the accused in accelerated proceedings shall apply respectively.” 44. The arrestee, while submitting an interlocutory appeal, may demand that the grounds, legality and propriety of the arrest be examined (art. 246 § 1 CPC, art. 47 § 1 and 2 CPM). The appeal is immediately referred to the district court having the jurisdiction over the place where the arrest was made or the proceedings are conducted (art. 246 § 2 CPC). If the arrest is found groundless, unlawful or improper, the court notifies the public prosecutor thereof and the supervisory body of the arresting authority (art. 246 § 4 CPC). Moreover, under art. 15 paragraph 7 of the Act on Police, the arrestee shall have a right to submit an interlocutory appeal to a public prosecutor having the jurisdiction over the place where the arrest was made. As it stems from the cited provisions, persons arrested by the Police have a right to an effective remedy – the fact being noticed to them when the arrest is made. 13