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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents