Police emergency centres for children
Systemic problems
Access to a lawyer
What still remains to be solved is the problem of police officers’ presence
during meetings with a defence counsel and the lack of possibility for the lawyer
or a legal counsel to initiate such meetings. It is especially important in terms of
an effective realization of the right to defence, protection of legal professional
privilege, the right to freedom and the protection of the confidentiality of
communication. Every time an officer is present during a visit Article 49 of the
Constitution of the Republic of Poland, which guarantees the right to freedom
and protection of the confidentiality of communication, is violated. Furthermore,
pursuant to legal regulations53 a defence counsel may contact a juvenile residing
in the centre only at the juvenile’s request. However, a juvenile may not be even
aware that he/she already has a defence counsel, or may think that he/she does
not need that type of professional assistance. In some cases, a juvenile may yield
in to the pressure exerted by officers who may attempt to discourage or force
him/her not to use such legal aid.
The legal situation of a child who has been deprived of liberty and
is not represented by a defence counsel poses a number of risks. The
child in detention may not realize what consequences can result from
the statements he/she makes. Likewise, the child may be unaware of
the consequences of procedures conducted with his/her involvement
and the manner of evaluating evidence gathered in his/her case. Therefore, it is of such a paramount importance to also allow the defence
counsel to request contact with a minor residing in the police emergency centre for children.
Article 32 g (3) of the Act of 26 October 1982 on juvenile delinquency proceedings (consolidated text: Dz. U. of 2018, item 969) and the provision 8 (1)(9) of the Rules and Regulations.
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PART III - situation in places of detention
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