All detained persons should be subject to compulsory medical examinations. Independent medical examination and proper documentation of injuries established in the course of such an examination constitute, in the opinion of the SPT and CPT, a fundamental guarantee for the prevention of torture. It also protects officers as such from false allegations that injuries were sustained during one’s stay in the police unit. Furthermore, the awareness that possible signs of violence may be determined and documented may act as a deterrent to those considering the use of violence42. Lack of access to a defence counsel from the beginning of detention In practice, not every detained individual has access to a defence counsel from the moment of detention (e.g. due to lack of funds). The request for the appointment of a public defender may, in turn, only be submitted following the first hearing as a suspect and not immediately upon detention. Prior to the establishment of the first contact between the defence counsel and the client, police officers conduct their duties involving the detained (e.g. interrogation, preliminary hearing). Such a situation results in a high risk of torture. Detainee’s access to a defence counsel is a broad concept that goes beyond the provision of legal aid and ensuring defence in criminal proceedings. It constitutes a fundamental torture-prevention guarantee. Additionally, a defence counsel has a positive impact on the quality of proceedings and professional conduct of officers, he/she improves the relationships and cooperation with the police and detainees, which proves beneficial for the investigation. Cf. Report from the SPT visit to Ukraine, CAT/OP/UKR/1, Art. 45-48; Report from the SPT visit to Ukraine, CAT/OP/UKR/3, Art. 57-61; Report of the SPT visit to Peru, CAT/OP/PER/1, Art. 20; Report from the SPT visit to Sweden, CAT/OP/SWE/1, Art. 62-64; Second General Report, CPT/Inf (92) 3, Art. 36-38; CPT report from the visit to Poland, CPT/Inf (2014) 21, Art. 26, 30. 42 32 PART III - situation in places of detention