the complete prohibition of contacts with an attorney or a proxy, referring to the
results of the visit of the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment, the delegation of which raised
reservations concerning this prohibition in Poland in December 2009. In reply, the
Minister of Justice, by letter of 5 May 2010 indicated that the prohibition specified in
Article 217c of the Executive Penal Code, does not apply to contacts between the
person detained on remand and his attorney or a proxy being a barrister or a solicitor,
referred to in Article 215(1) of the Executive Penal Code.
In another address in this scope, the Human Rights Defender, invoking the
results of visits carried out by the National Preventive Mechanism, as well as
complaints lodged by persons in pre-trial detention and their attorneys at law, stated
that they confirmed that the prohibition of making phone calls also covered contacts
referred to in Article 215 of the Executive Penal Code.In the Defender’s view, such
situation is a consequence of the interpretation of regulations adopted by
administrations of pre-trial detention centres, which recognize Article 217c of the
Executive Penal Code as lex specialis in relation to solutions previously included in
Article 8(3) and Article 215(1) of the Executive Penal Code, but at the same time, in
accord with Article 1(2) of the Executive Penal Code, they reject the possibility to
apply regulations of the Code of Criminal Procedure. Therefore, the Human Rights
Defender expressed the opinion that it would be legitimate for the Ministry of Justice
to introduce changes to the practice of executing pre-trial detention in compliance with
the adopted interpretation of Article 217 of the Executive Penal Code. In the response
of 28 June 2010, the Minister of Justice indicated that information presented by the
Human Rights Defender concerning divergent interpretations of the provisions of the
Executive Penal Code in the scope of contacts between a person on remand and his
attorney made by pre-trial detention centres’ administration officers, indicates that
regulations in that scope are insufficiently explicit.Therefore, the Minister of Justice
decided to address the Criminal Law Codification Commission to analyse the
discussed issue and present possible proposals for amending norms in force.
4. Right to information about the legal rights
Standard Minimum Rules for the Treatment of Prisoners [New York 1984]
Rule 35 Every prisoner on admission shall be provided with written information about the
regulations governing the treatment of prisoners of his category, the disciplinary
requirements of the institution, the authorized methods of seeking information and making
complaints, and all such other matters as are necessary to enable him to understand both his
rights and his obligations and to adapt himself to the life of the institution.
If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.
European Prison Rules [Recommendation Rec(2006)2 of the Committee of Ministers to
member states on the European Prison Rules]
Rule 30.1 At admission, and as often as necessary afterwards all prisoners shall be informed
in writing and orally in a language they understand of the regulations governing prison
discipline and of their rights and duties in prison.
Rule 30.2 Prisoners shall be allowed to keep in their possession a written version of the
information they are given.
Rule 30.3 Prisoners shall be informed about any legal proceedings in which they are
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