Committee of Ministers on 19 September 2001 at the 765th meeting of the Ministers'
Deputies)
55 The Police shall, to the extent possible according to domestic law, inform promptly
persons deprived of their liberty of the reasons for the deprivation of their liberty and of any
charge against them, and shall also without delay inform persons deprived of their liberty of
the procedure applicable to their case.
12th General Report of CPT [CPT/Inf (2002)15]
44 Rights for persons deprived of their liberty will be of little value if the persons concerned
are unaware of their existence. Consequently, it is imperative that persons taken into police
custody are expressly informed of their rights without delay and in a language which they
understand. In order to ensure that this is done, a form setting out those rights in a
straightforward manner should be systematically given to persons detained by the police at
the very outset of their custody. Further, the persons concerned should be asked to sign a
statement attesting that they have been informed of their rights.
The Code of Criminal Procedure of 6 June 1997 (Dz.U. No. 89, item 555, as amended)
Article 244(2) A detained person shall be promptly informed on the reasons for detention
and of his rights, including the right to enjoy the solicitor’s assistance and the right to be
heard.
Regulations concerning the stay in rooms for detained persons or persons brought to
sober up (Dz. U. of 2008, No 192, item 1187)
1. 1. A detained person or a person brought to sober up admitted to a room, shall be
promptly:
1) informed about his rights and obligations. (…)
Order No 1061 of the Chief Police Commander on methods and forms of executing
tasks in rooms for detained persons or persons brought to sober up of 2 September
2009 (Dz.U. KGP No 12, item 56)
15. 1 Obligations of the officer on duty inlcude, in particular: (…)
11) making the person admitted to a room and, where necessary, on the person’s request,
familiar with regulations concerning the stay in the room and making a note thereof in a
duty log book. (…)
Two principal obligations rest upon the Police officers on duty in rooms for
detained persons or persons brought to sober up:
The first one is an obligation to instruct a detained person about their rights
from the moment of detention, i.e. about the right to: lodge a complaint within 7 days
from detention, in which a detained person may apply for an examination of
legitimacy, legality and propriety of detention (Article 244(2), 245, 246(1) and (2),
248, 278 of the Code of Criminal Procedure, Article 46(1) and (4), 47 (1) and (2) of
the Petty Offences Procedure Code); lodge a complaint to the prosecutor’s office
against the method of detention (Article 15(7) of the Police Act); first aid and medical
examination, where necessary (Article 15(5) of the Police Act); contact the consular
office or diplomatic representation (Article 612(2) of the Code of Criminal
Procedure).The Police officer must meet this requirement in order to require from the
detained person to sign the abovementioned instruction in the protocol from detention .
Along with the instruction about the abovementioned rights, an officer on duty should
instruct a detained person about the fact that the establishment is equipped with a 24/7
video monitoring system (if applicable). Verification of knowledge about the said
rights among detained persons interviewed by the employees of the National
Preventive Mechanism demonstrated that the Police officers failed to meet the above
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