Inside Police Custody 2
should be guaranteed by recruiting qualified interpreters/translators, and the practice of using
random persons for that purpose should be abandoned.
5. The remuneration of the interpreters/translators recruited to work both during police detention and
after the filing of pre-trial proceedings should be increased to market levels, and the fees should
be paid promptly after the completion of the assignment.
6. During police detention, the detained persons should be given written translation into a language
they understand of the main documents connected with the detention, as a minimum: the
detention order and the letter of rights.
7. The Ministry of Interior should endeavour to establish a register of interpreters/translators.
8. The participation of an interpreter/translator in actions during police detention should be recorded
in minutes.
Recommendations on the right to information
1. The detention order, specifying legal and factual grounds for detention, should be issued as
soon as the arrested person arrives at the police station following arrest as a suspect of having
committed a criminal offence.
2. A copy of the detention order should be given to the detainee in a language he/she understands.
3. The persons who have been detained because there exist data that they had committed a criminal
offence should be informed immediately after the detention about their right to remain silent. If they
declare that they do not wish to give explanations, no interview is to be conducted with them.
4. The persons who have been detained because there exist data that they had committed a crime
should be given access to the materials of the case so as to be able to appeal the legality of their
detention.
5. The letter of rights given to the detained persons should be in a language that they understand,
and its content should be explained additionally to the detained persons to the extent to which this
is necessary for their complete comprehension.
6. The content of the letter of rights signed by the detained persons should be broadened to include
the additional guarantees provided for in the Directives of the Roadmap, and a copy of it should be
made available to the detained persons during their detention in a language that they understand.
7. Any pressure on the part of the police aiming at waiving the detainee’s rights should be prohibited
and punished.
Recommendations on the right to access to defence counsel and legal aid
1. The legislation regulating the police detention of persons because there exist data about them that
they had committed a crime should guarantee effective access to defence counsel immediately
after the detention.
2. The participation of the attorney in the actions in which his/her detained client has been involved
during police detention should be regulated in the legislation and it should include both the right to
unconditional preliminary contact alone with the detained person, and the right of the attorney to
participate in the actions.
3. In addition to the right to access to defence counsel, during police detention it is also necessary
to regulate mandatory attorney defence in the same cases in which that has been regulated in
the Criminal Procedure Code after charges have been brought up and pre-trial proceedings have
been filed.
4. The police authorities should clarify to the detained person in a simple language the content of the
right to access to defence counsel and legal aid, as well as the consequences of refusing attorney
defence.
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