ENSURING TO DETAINEES THE ACCESS TO A DEFENCE COUNSEL FROM
THE BEGINNING OF DETENTION21
The Commissioner for Human Rights did not receive a reply to his intervention
letter to the Minister of Justice, which concerned a legislative initiative to
guarantee that all persons detained by the police or other authorized services
have the possibility to contact a defence counsel from the very beginning of
detention. Detainee’s access to a defence counsel from the time of detention
is considered a basic guarantee of the prevention of torture, as indicated by
relevant international standards, monitoring institutions and experts. Therefore,
the Commissioner postulates to introduce such a guarantee in the Polish legal
system, and has appealed to the Prime Minister to personally look into the
matter.
FAILURE TO INCLUDE THE CRIME OF TORTURE AND A DEFINITION OF
TORTURE IN THE POLISH LEGISLATION22
Poland still lacks legal instruments to effectively combat torture and illtreatment. Polish penal law does not refer to all components of the definition
of torture, as contained in Article 1 of the UN Convention against Torture. The
law penalizes acts of ill-treatment of citizens by security services or persons
acting pursuant to their instructions. However, the regulations fail to refer to
involvement of other persons e.g. public officials or persons acting with their
implied or tacit consent, as indicated by the UN Convention. Polish regulations
do not refer either to the crime of torture or other ill-treatment on the grounds
of any form of discrimination. Thus, the Commissioner has requested the
Minister of Justice again to include in the Polish legislation a definition of torture
as well as penalties for using it. The Ministry has, until now, been of the opinion
that the penal law sufficiently implements the country’s relevant international
obligations. Therefore, in his intervention the Commissioner indicated instances
of torture and other forms of ill-treatment in Poland, diagnosed by the NMPT,
and pointed to international institutions’ and organizations’ recommendations
on penalizing torture (including the opinion of the OSCE Office for Democratic
KMP.570.3.2017
KMP.570.3.2018
21
22
24
PART II – how does the NMPT work?
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents