☞Every detained individual, irrespective of the reason for detention and his/her financial situation, should have a practical access to a public defender from the moment of detention and in the course of the whole period of deprivation of freedom. CPT The possibility to exercise the right to a defence counsel by persons detained by the police is still a problem in Poland. Polish legislation lacks, namely, regulations that provide for the appointment of an ex-officio defender prior to the initiation of court proceedings. As a result, detained individuals, who are not able to afford legal aid, are virtually deprived of the access to a defence counsel43. SPT Access to a lawyer in combination with the supervision of places of detention exercised by independent authorities, court and the prosecution as well as the possibility to lodge complaints to an independent body dealing with examination of ill-treatment charges constitute key safeguards against torture44. The aforementioned systemic problem has already been brought to the attention of the Minster of Justice by the Commissioner for Human Rights45. Unfortunately, the Minister failed to respond to the general interventions submitted by the Commissioner. This situation is a cause of concern since pursuant to the OPCAT, national authorities should maintain an ongoing dialogue with the NMPT aimed at the implementation of recommended solutions. CPT report from the visit to Poland, CPT/Inf (2018) 39, Art. 23. SPT report on the visit to the Maldives, CAT/OP/MDV/1, Art. 63. 45 General Intervention of the CHR to the Minister of Justice of 18.04.2017 and 27.09.2018, KMP.570.3.2017.RK. 43 44 Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018 33

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