6
I. Police custody
Extract from the 2nd General Report [CPT/Inf (92) 3]
36.
The CPT attaches particular importance to three rights for persons detained by the
police: the right of the person concerned to have the fact of his detention notified to a third party
of his choice (family member, friend, consulate), the right of access to a lawyer, and the right to
request a medical examination by a doctor of his choice (in addition to any medical examination
carried out by a doctor called by the police authorities).1 They are, in the CPT's opinion, three
fundamental safeguards against the ill-treatment of detained persons which should apply as from
the very outset of deprivation of liberty, regardless of how it may be described under the legal
system concerned (apprehension, arrest, etc).
37.
Persons taken into police custody should be expressly informed without delay of all
their rights, including those referred to in paragraph 36. Further, any possibilities offered to the
authorities to delay the exercise of one or other of the latter rights in order to protect the interests
of justice should be clearly defined and their application strictly limited in time. As regards more
particularly the rights of access to a lawyer and to request a medical examination by a doctor
other than one called by the police, systems whereby, exceptionally, lawyers and doctors can be
chosen from pre-established lists drawn up in agreement with the relevant professional
organisations should remove any need to delay the exercise of these rights.
38.
Access to a lawyer for persons in police custody should include the right to contact
and to be visited by the lawyer (in both cases under conditions guaranteeing the confidentiality
of their discussions) as well as, in principle, the right for the person concerned to have the lawyer
present during interrogation.
As regards the medical examination of persons in police custody, all such
examinations should be conducted out of the hearing, and preferably out of the sight, of police
officers. Further, the results of every examination as well as relevant statements by the detainee
and the doctor's conclusions should be formally recorded by the doctor and made available to the
detainee and his lawyer.
1
This right has subsequently been reformulated as follows: the right of access to a doctor,
including the right to be examined, if the person detained so wishes, by a doctor of his own choice (in
addition to any medical examination carried out by a doctor called by the police authorities).