Guidebook MONITORING PLACES OF DETENTION Table: EU legislation Relevant right Aspects to be recorded Right to information (Art 8) • If the person was informed about his/her rights • If the person was given the Letter of Rights on arrest/in Arrest Warrant proceedings • If the person was given information about the accusation Right to interpretation and translation (Art 7) • If they are provided with interpretation, without delay, before investigative and judicial authorities, including during police questioning, all court hearings and any necessary interim hearings • If an oral translation or oral summary of essential documents has been provided • If the person has waived the right to translation Right of access to a lawyer (Arts 3(3)(b), 8(2), 9(2), 10(2)(c)) • If the lawyer has participated in questionings, or hearings in Arrest Warrant proceedings • If the right was temporarily derogated with a duly reasoned decision • If the right was waived under what circumstances Right to communicate with a third person (Art 8 (2)) • If the right was temporarily derogated with a duly reasoned decision tion. The tape contained clear images of the detainee being physically ill-treated by both uniformed and detective officers. The recorded material was based on at least three separate viewings of the video footage in question (manually adjusted to real time) by three different members of the CPT's delegation. By manually synchronising the silent video footage of interviews with the relevant audio tapes, the CPT's delegation was able to ascertain that some detectives are indeed conducting unauthorised "off-tape" interviews of up to five minutes with detainees. 360 4.2. Observing police interviewing In addition to viewing or listening to recordings, another way for monitors to verify that procedural rights are respected is by observing interrogations. Observing police interviewing may, however, interfere with the investigative process and some noted that this may fall outside the purpose of the preventive monitoring.361 While no practice among national monitoring bodies (i.e. NHRIs/NPMs) was found in the course of the project, the CPT has made use of such tool while conducting monitoring visits in certain cases. 4.1.3. Audio-visual recordings CPT Where available, monitoring bodies should also monitor audio-visual recordings (see above, Chapter 1.4.6). Poland 88 For example, in its visit to Norway in 2018, the CPT delegation had inter alia the opportunity to observe two police interviews of criminal suspects at Oslo Police Headquarters.362 During the visit the team viewed the footage from the video surveillance which documented the use of direct coercion measures against the residents of the juvenile detention centre.359 The analysis indicated a number of irregularities concerning the legality of their application, adequacy of use and documentation. An additional element that can be verified by the monitors is whether there are adequate facilities to guarantee the confidentiality of lawyerclient consultation in the facility. CPT Hungary During its visit United Kingdom/Northern Ireland in 2001, having received allegations about an incident in an interview room, the CPT delegation viewed the video tape which corresponded to the period in ques- For example, after exchanging with the Hungarian Bar Association, the Hungarian NPM identified communication between detainees and their lawyers as a problematic issue. One case, for example, concerned a 4.3. Checking the confidentiality of lawyer-client consultations 89