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. 84 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. 85

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