Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Systemic problems What still remains to be solved is the problem of police officer’s presence during meetings with a defence counsel and the lack of possibility for the lawyer or a legal counsel to initiate such meetings. The NMPT: juveniles have the right to visits in conditions ensuring the confidentiality of conversations It is especially important in terms of an effective realization of the right to defence, protection of legal professional privilege, the right to freedom and the protection of the confidentiality of communication. Every time an officer is present during a visit Article 49 of the Constitution of the Republic of Poland, which guarantees the right to freedom and protection of the confidentiality of communication, is violated. The NMPT: Police emergency rooms for children admit juveniles in diversified legal situations, hence their rights should be subject to individually-modified restrictions. Furthermore, pursuant to legal regulations86 a defence counsel may contact a juvenile residing in the centre only at the juvenile’s request. However, a juvenile may not be even aware that he/ she already has a defence counsel, or may think that he/she does not need that type of professional assistance. In some cases, a juvenile may yield in to the pressure exerted by officers who may attempt to discourage or force him/her not to use such legal aid. The legal situation of a child who has been deprived of liberty and is not represented by a defence counsel poses a number of risks. The child in detention may not realize what consequences can result from the statements he/she makes. Likewise, the child may be unaware of the consequences of procedures conducted with his/her involvement and the manner of evaluating evidence gathered in his/her case. Therefore, it is of such a paramount importance to also allow the defence counsel to request contact with a minor residing in the police emergency centre for children. This problem, even though reported by the Commissioner87, does not require further consideration in the view of the Ministry of the Interior and Administration88. 86 Article 32g (3) of the Act of 26 October 1982 on juvenile delinquency proceedings (consolidated text: Dz. U. of 2018, item 969) and the provision 8 (1) (9) of the Rules and Regulations 87 Cf. Opinion of 31.10.2016 and 16.01.2017 concerning the draft regulation of the Minister of the Interior and Administration amending the regulation on rooms for detained persons or intoxicated persons to sober up, transitional facilities and police emergency centres for children, as well as rules and regulations on the stay in such facilities and procedures used for image recordings of those facilities is available on the website of the NMPT in the section devoted to opinions on legal acts. 88 Cf. Reply of the Secretary of State in the Ministry of the Interior and Administration of 7.04.2017, DP-WL-0231-12/2016/WR 35