Access to a defense attorney as of the moment of detention ☞ A legal status of a minor who is not represented by an attorney poses a number of risks. Detained minors might not be aware of the consequences of statements made by them or actions carried out with their participation or they are not aware of how the evidence collected in the case will be assessed. That is why it is so important that also a defence attorney can apply for contacting a minor detained in the detention centre run by the police. The fact of the right not being executed is a problem which has been highlighted by the NMPT for some time164. In the PID visited, there was one room dedicated to meetings with a defence attorney where those present could have a conversation which was not overheard by the policemen, but according to the personnel of the facility, such meetings in principle do not take place. The facility did not have a list of defence attorneys to be made available to the minors or their guardians who want to execute the right to defence. CPT The right to a defence attorney should be ensured from the very beginning of detention. The period directly following the moment of detention is the time when the risk of being threatened and maltreated is the greatest. Due to this fact the possibility to access a defence attorney by those detained by the Police is of key importance in preventing against abuse. The existence of such a measure discourages the officers who could abuse a detainee; apart from that an attorney will be able to take appropriate measures if abuse did take place165. According to the Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings Member States ensure that children may use the support of defence attorneys without undue delay after being informed that they are suspected or accused persons. In each case children use the services of attorneys, started from the earlier of the following: a) before they are interrogated by the Police or another law enforcement or judicial body, b) when bodies which conduct pre-trial proceedings or other bodies carry out investigation and interrogations or other actions related with harvesting evidence pursuant to para. 4(c), c) without undue delay after detaining a minor, d) if they were subpoenaed by a criminal court within a relevant time before they appear before the court. 164 165 See i.a. a Report of the Commissioner for Human Rights on the operation in Poland of the National Mechanism for the Prevention of Torture in 2018. CPT Standards, CPT/Inf/E (2002) 1 – Rev. 2003. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 67