Lack of access to a defense counsel from the beginning of detention In practice, not every detained individual has access to a defense counsel from the moment of detention (e.g. due to lack of funds). The request for the appointment of a public defender may, in turn, only be submitted following the first hearing as a suspect and not immediately upon detention. Prior to the establishment of the first contact between the defense counsel and the client, police officers conduct their work-related duties involving the detained (e.g. interrogation, preliminary hearing). Such a situation results in a high risk of torture, especially if police duties are not recorded and police rooms are not monitored and the procedures are not attended by a third person and the law fails to provide for the obligatory medical examination following apprehension. The NMPT emphasizes that detainee’s access to a lawyer is a broader concept that goes beyond the provision of legal aid and ensuring defense in criminal proceedings. It constitutes a fundamental torture-prevention guarantee. Additionally, a defense counsel has a positive impact on the quality of proceedings and professional conduct of officers, he/she improves the relationships and cooperation with the Police and detainees, which proves beneficial for the investigation and the whole justice system. Every detained individual, irrespective of the reason for detention and his/her financial situation, should have practical access to a public defender from the moment of detention and in the course of the whole period of deprivation of freedom. CPT The possibility to exercise the right to a defense counsel by persons detained by the Police remains to be a problem in Poland. Polish legislation lacks, namely, regulations that provide for the appointment of an ex-officio defender prior to the initiation of court proceedings. As a result, detained individuals, who are not able to afford legal aid, are virtually deprived of the access to a defense counsel57. SPT The Subcommittee is alarmed by the lack of a relevant legal aid system available in Poland for persons who cannot afford a private lawyer. Poland should take effective steps in order to ensure that all persons deprived of their liberty, in compliance with the law and in practice, from the moment of apprehension, have the right to quick access to an independent lawyer and, in case of need, to legal aid in compliance with international standards58. 57 58 Cf. CPT report from the visit to Poland, CPT/Inf (2018) 39, Art. 23. Cf. Report of the SPT visit to Poland, CAT/OP/POL/ROSP/1, Art. 51-52. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 33