CAT/OP/POL/CSPRO/1 • Right to notify the arrest to the next of kin of the arrestee, or other person indicated by the him/her, the employer, the school or another higher educational establishment etc. (art. 245 § 2 in relations with art. 261 § 1 i 3 CPC); • Right to contact an advocate or attorney-at-law in an available form and have a direct conversation with him/her. If the arrestee is a foreigner – to contact appropriate consular office or diplomatic mission; • Right to gratuitous help of an interpreter, if the arrestee does not have a sufficient command of Polish (art. 72 § 1 CPC); • Right to contact the competent consular office and, in the absence of a consular office, a diplomatic mission (provided the arrestee is not a Polish citizen). In case of the arrest of a stateless person – right to contact a diplomatic mission of a State, where this person permanently resides (art. 612 § 2 CPC). It should be noted that if a binding consular agreement between Poland and a state of whom the arrestee is a citizen provides so, relevant consular office or diplomatic mission shall be notified of the arrest regardless the arrestee request; • Right to submit an interlocutory appeal to a court (art. 246 § 1 CPC); • Right to submit an interlocutory appeal to a public prosecutor (art. 15 paragraph 7 of the Act on Police); • Right to necessary medical aid (art. 245 § 3, 246 § 1, art. 261 § 1, 2 and 3 CPC); • Right to be released from the arrest. It occurs when maximum detention period expires, i.e. when within 48 hours from the arrest by the authorised agency, the arrestee was not surrendered to the jurisdiction of the court with a motion to order detention on remand, or when within 24 hours of being surrendered to the jurisdiction of the court, the motion to order detention on remand was not granted (art. 248 CPC). The right is strictly related with the detention period. According to art. 248 CPC, the arrestee is released immediately if the reasons for his arrest cease to exist, maximum after 48 hours in detention. In case the public prosecutor filed a motion to the court to order detention on remand, the arrestee should be surrendered to the jurisdiction of the court within 48 hours; the court shall issue an order concerning granting (or not granting) detention on remand within 24 hours. It is not permissible to arrest a person second time in a row on the basis of the same facts and evidence. 37. On the basis of art. 244 § 5 CPC, the Minister of Justice defined the form of the instruction for the arrestee in criminal proceedings. It is also referred to in § 87 of the Police Commander-in-Chief Guidelines on performance of certain investigation actions undertaken by Police officers of 30 August 2017 with the following wording: „6. In the arrest record should be put statements made by the arrestee after being informed on the apprehension cause and his/her rights, in a way as indicated in paragraph 1. While giving instruction on the rights in criminal proceedings, its content shall simultaneously be explained. Copy of the instruction signed by the arrestee shall be enclosed to the main proceedings files.” § 87 paragraph 7 thereof indicates that: to the arrestee who does not command Polish a translated caution on the rights in a suitable language shall be given by a Police officer. If a text in a suitable language is not available, a fact of providing oral translation by an interpreter should be stated in the record, together with giving instruction on possibility to request written instruction on the rights in a comprehensible language”. 38. Fact of getting the arrestee acknowledged as the rights and obligations are concerned, shall be stressed in the record and confirmed by the arrestee’s signature. It must be noted that every document made in the course of actions undertaken by a Police officer that require getting acquainted the person concerned with its content, may be read by that person or by a Police officer (eg. in case of a person with visual impairment or blind) and signed subsequently. As the person concerned is not able to sign the document, the Police officer shall note in the record a fact that the document has been read to that person and he/she cannot or refuse to sign it down. 12