CAT/OP/POL/ROSP/1
authority and, where there are sufficient grounds, the persons responsible should be
prosecuted and adequately sanctioned.
47.
The State party should make mandatory the audio and video recording of
interviews in relation to criminal investigations as a basic safeguard and as part of its
efforts to prevent torture and ill-treatment, as well as to protect law enforcement
personnel against unsubstantiated allegations. Recordings should be kept in centralized
secure facilities for a period sufficient for them to be used as evidence and should be
made available to investigators, detainees and lawyers, upon request. The use of
bodycams is recommended, if possible.
2.
Fundamental legal safeguards
48.
The Subcommittee observes the initial hours of arrest as a crucial period for the
arrested person and that, without the proper safeguards, arrested and detained persons are
under serious risk of being arbitrarily deprived of their liberty and ill-treated.
(a)
Information about rights
49.
Even though the delegation observed that paper sheets with information about rights
were taped in cells in many police stations (sometimes also in languages other than Polish)
and learned that detainees were also asked to sign a sheet with information about their rights,
the Subcommittee is concerned that the detainees interviewed in police stations and in
penitentiary institutions consistently reported that they had not been informed about their
rights. In addition, the delegation spoke to a number of persons in police custody who were
not aware of the reason for their apprehension, owing to the fact that, when acting upon a
warrant to detain, police do not always have information on the charge, the length of
detention required or the fine imposed.
50.
The Subcommittee recommends that the State party adopt the necessary
legislative and administrative measures to ensure that all persons deprived of their
liberty are informed of all their rights and of the reasons for their arrest at the outset
of the deprivation of liberty and, as soon as possible thereafter, of the charges against
them. Such information should be provided orally at first, in clear language and in a language
that the person understands, with the assistance of an interpreter if necessary, and should then
be provided in writing to the persons concerned.
(b)
Access to a lawyer
51.
According to article 245 of the Code of Criminal Procedure, detained persons, upon
their request, should be given the opportunity to contact a lawyer by any means available and
to talk directly with him or her. The Subcommittee is, however, concerned that many
detainees the delegation spoke to had not had the chance to consult a lawyer, especially in
the first stage of proceedings. The Subcommittee is further concerned at the lack of an
appropriate system of legal aid in Poland for those who could not afford a private lawyer.
52.
The Subcommittee recommends that the State party take effective measures to
guarantee that all persons deprived of their liberty are afforded, in law and in practice,
from the time they are arrested, the right to have prompt access to an independent
lawyer and, if necessary, to legal aid in accordance with international standards. Poland
should take measures to introduce the list of legal counsellors to all police stations.
(c)
Preliminary medical check-ups
53.
The Subcommittee notes that, with the exception of two police stations visited by the
delegation, medical check-ups are not routinely conducted upon arrival, but only on the
request of the detainee or if there are visible injuries. The delegation is concerned that medical
examinations are carried out in the presence of police officers, are very superficial and are
improperly documented. In addition, the Subcommittee is concerned that, upon visiting
certain police stations, the delegation observed that the medical records of persons with
visible signs of injuries did not contain any information on those injuries, although they had
been examined by a doctor while in police custody.
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