The NMPT sent a request to the unit’s head to indicate the reasons for the occurred situation. At the same time, it pointed out to the necessity to replace the outdated systems and install software which would allow the recordings to be played in all commonly used operational systems. It can be concluded from the response of the commanding officer that recordings were delivered to the NMPT in an original form without any modifications in order to avoid allegations about possible interference with the copied video material. The commanding officer presented the need to replace the video recorder with a one that allows for playing the footage on the newest operational systems to the relevant Police organizational unit43. After the inspection visit at the Police station in Ząbki, the NMPT requested the President of the District Court in Wołomin to lend the files of a criminal case pertaining to one of the detainees who, as the NMPT could establish, sustained injuries during Police intervention. Article 20 OPCAT44 was quoted as the basis for lending the files. Vice-president of the District Court in Wołomin refused to lend the case files. In her view, 20 OPCAT does not entitle the Commissioner for Human Rights to demand the submission of files of judicial proceedings. Furthermore, the possibility to demand the presentation of files of judicial proceedings prior to the completion of criminal proceedings is not provided for in the act on the Commissioner for Human Rights. According to the Vice-president of the District Court in Wołomin the prerequisite for Commissioner’s demands to inspect the files in his Office is the conclusion of the proceedings and passing of the ruling in compliance with Article 13 (1)(3) of the act on the CHR. Given that the criminal case to which the request pertained was not concluded and no ruling was passed, its files were not lent to the NMPT45. Since 201746 the Commissioner for Human Rights has been informing the Minister of Justice about the systemic problem concerning the lack of access to a defense counsel from the moment of apprehension47. Unfortunately, the Minister failed to respond to the general interventions submitted by the Commissioner. This situation is a cause of concern since pursuant to the OPCAT, national authorities should maintain an ongoing dialogue with the NMPT aimed at the implementation of recommended solutions. 43 44 45 46 47 Cf. Response of the Commander-in-Chief of the Police station Warszawa-Wawer of 13 February 2020, ref. no. L.dz. KP-7211/20/40/20. Cf. Letter to the President of the District Court in Wołomin of 9 December 2019, file no. KMP.570.28.2019. RK. Cf. Response of the President of the District Court in Wołomin of 11 February 2020, ref. no. ADM.015236/19. Cf. General Intervention of the CHR to the Minister of Justice of 18 April 2017 and 27 September 2018, KMP.570.3.2017.RK. The systemic problem is described in part V concerning Police units. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 29