criminal-case procedure provides for such a possibility87. Police officers' rooms where interrogations
take place have no monitoring systems.
Observance of detained persons’ right to have a third person informed of the detention
In their reports, both the SPT and the CPT pointed to problems with the observance of detained
persons’ right to have a third person informed of the detention88. Apart from the necessary steps to be
taken by the Polish authorities, the CPT recommended that the exercise of this right be always confirmed
in writing, indicating the exact time of providing the information and the details of the notified person.
The subcommittee also recalled that the exercise of the right may not be dependent on the good will or
decision of the detaining authority, the prosecutor, the investigator or the detention facility administrator.
In their reports, both delegations indicated the need to notify detainees whether the information
on their detention has been successfully forwarded to their relatives or other persons.
Assessment of the recommendation’s implementation: The recommendation has been
implemented in two units89. In one case, a detainee reported to the visiting team that he had no possibility
to inform his employer of his absence from work. The employer’s telephone number was saved on the
detainee’s cell phone which had been stored in the facility’s deposit box90. The NMPT delegation also
raised objections as to the notification of the detention. The notification had been made by the detaining
officers (as in the other two visited units). The officers at the RDP could not make telephone calls going
outside the police station. If the notification about the detention had not been successful (e.g. because
the person to be notified did not answer the phone), the detainee had to wait until the interrogation and
request the interrogating police officer to notify the person (in such cases, the time between the detention
and the information provision to the person selected by the detainee was in several or even about a dozen
hours).
Right to information
In their reports, the CPT and SPT recommended the observance of detainees’ rights to
information (including information provided in an understandable form, verbally and in writing, about
87
Article 147(1) of the Act of 6 June 1997- Code of Criminal Procedure (Journal of Laws of 2020, item 30, as
amended).
88
CPT report, CPT/Inf (2018) 39, para. 24; SPT report, CAT/OP/POL/ROSP/1, para. 57.
89
RDP at the District Police Headquarters Warsaw VI, KMP.570.1.2020.AN; RDP at the Warsaw Police
Headquarters, KMP.570.3.2020.K.K.
90
RDP at the Poviat Police Police Station in Piaseczno (KMP.570.6.2020.JJ).
50
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