9
Extract from the 6th General Report [CPT/Inf (96) 21]
14.
The CPT welcomes the support for its work expressed in Parliamentary Assembly
Recommendation 1257 (1995), on conditions of detention in Council of Europe member States.
It was also most pleased to learn from the reply to Recommendation 1257 that the Committee of
Ministers has invited the authorities of member States to comply with the guidelines on police
custody as laid down in the 2nd General Report of the CPT (cf. CPT/Inf (92) 3, paragraphs 36 to
43).
In this connection, it should be noted that some Parties to the Convention are reluctant
to implement fully certain of the CPT's recommendations concerning safeguards against illtreatment for persons in police custody, and in particular the recommendation that such persons
be accorded a right of access to a lawyer as from the very outset of their custody.
15.
The CPT wishes to stress that, in its experience, the period immediately following
deprivation of liberty is when the risk of intimidation and physical ill-treatment is greatest.
Consequently, the possibility for persons taken into police custody to have access to a lawyer
during that period is a fundamental safeguard against ill-treatment. The existence of that
possibility will have a dissuasive effect upon those minded to ill treat detained persons; further, a
lawyer is well placed to take appropriate action if ill-treatment actually occurs.
The CPT recognises that in order to protect the interests of justice, it may
exceptionally be necessary to delay for a certain period a detained person's access to a particular
lawyer chosen by him. However, this should not result in the right of access to a lawyer being
totally denied during the period in question. In such cases, access to another independent lawyer
who can be trusted not to jeopardise the legitimate interests of the police investigation should be
arranged.
16.
The CPT also emphasised in the 2nd General Report the importance of persons taken into
police custody being expressly informed without delay of all their rights.
In order to ensure that this is done, the CPT considers that a form setting out those
rights in a straightforward manner should be systematically given to persons detained by the
police at the very outset of their custody. Further, the persons concerned should be asked to sign
a statement attesting that they have been informed of their rights.
The above-mentioned measures would be easy to implement, inexpensive and
effective.