Guidebook
4.1.
MONITORING PLACES OF DETENTION
Checking the relevant documentation
When visiting a facility with a view to monitor procedural safeguards, there
are a number of aspects monitoring bodies should put the focus on.
4.1.1.
Letter of rights and other information leaflets
Monitoring bodies should check if information about procedural rights is
provided to suspects and accused, in what form (i.e. if it provided orally
and in writing) and languages. To this extent, monitoring bodies could
verify that suspects or accused who are deprived of liberty are provided
promptly with a written Letter of Rights, that they are given the opportunity to read and keep the Letter in their possession throughout the time
that they are deprived of liberty.
Hungary
For example, in the framework of its NPM mandate, the Hungarian NPM
made recommendations to amend the excessively long and inaccessible
letter of rights disseminated to detainees held at police stations. The NPM
stated that the rights of the detainees must be expressed in clear and easily understandable manner. It further specified that when the detainees
receive the letter of rights, it is necessary to verify whether they are able
to read it and understand what has been written there. If the person is
illiterate, he needs to be informed about his rights and obligations verbally in the presence of two witnesses in order to ensure the fair trial
guarantees.345
Moreover, monitoring bodies could verify that information on procedural
rights are made generally known throughout all places of detention, including police station, through the use of signs or posters inside and outside cells, where detainees can see them (e.g. there is sufficient light).346
The display of general information, however, should be additional to and
not replacing the handing over of the Letter of Rights.
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Poland
After many years of discussions, the Polish NPM managed to persuade
the Ministry of Internal Affairs and the police that the house rules including certain procedural rights should be put on the walls of detention
facilities.
Additionally, monitoring bodies may check if measures to implement the
right of access to a lawyer from the early stages of detention are taken.
This may include verifying if police stations are equipped with a list of
duty lawyers, as well as that the system of appointing duty lawyers is not
administered by the police but by the Bar Association to ensure the independence and quality of the legal representation.
Poland
In Poland, the NPM checks during its visit whether there are lists of lawyers on duty available at police stations. They reported that while some
already had it, in others no one knew that they were supposed to have
it.347
Slovenia
The Slovenian NPM also recommended that a list of ex officio lawyers
that detained people can consult and use should be compiled for each
police station, in consultation with the Bar Association. The NPM also
specified that such lists should be placed in the room intended for the
admittance of persons deprived of their liberty and updated every
three months. Furthermore, the NPM mentioned in its report that all ex
officio lawyers should be reminded, through appropriate channels, of
the importance of their role in preventing and, if necessary, reporting
ill-treatment or intimidation by the police.348
Additionally, to make sure that the right of access to a lawyer is effective
monitoring bodies could check also if there are always the same lawyers
present at police stations, and how long lawyers were at the police station
for.
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