3XEOLFDWLRQRI&37YLVLWUHSRUWV In their response, the Maltese authorities emphasise the heavy burden which the constant influx of irregular migrants represents for the country. They state that it is impossible to take any of the existing detention centres out of use. However, reference is made to refurbishment projects underway, partly financed by EU funds, and to a new accommodation centre at Ta’ Kandja for 137 persons. 42. Although provided for in an amendment to the Criminal Code adopted in April 2002, the right of persons detained by the police to consult in private with a lawyer was still not in force at the time of the 2008 visit. In fact, no form of access to a lawyer was being offered during the first 48 hours following arrest by the police. In the report, the CPT calls for Article 355AT of the Criminal Code to be brought into force without any further delay. The Committee also stresses that the right of access to a lawyer during police custody should include the right to have a lawyer present during any questioning by the police. In their response, the Maltese authorities state that the necessary action is being taken for the entry into force of Article 355AT of the Criminal Code (which indeed entered into force on 10 February 2010) and that they would consider extending this right in the manner recommended by the CPT when evaluating the impact of the new provision. Report and response published February 2011, CPT/Inf (2011) 5 and CPT/Inf (2011) 6 Report on the periodic visit to Poland in November/December 2009 and response of the Polish authorities (treatment of persons in police custody, prison conditions, compulsory pharmacological treatment of sex offenders) 43. The majority of the persons met by the CPT’s delegation who were, or had recently been, detained by the police indicated that they had been correctly treated, both at the time of their apprehension and during questioning. However, the delegation did receive a number of allegations of excessive use of force by the police at the time of apprehension, and of physical ill-treatment and verbal abuse, including of juveniles, during questioning. In two cases, the ill-treatment alleged was of such severity that it could well be considered as amounting to torture (e.g. blows on the soles of the feet, the infliction of electric shocks); the CPT requested information on the outcome of the proceedings initiated into those cases. The CPT has recommended that police officers be reminded that all forms of ill-treatment are unacceptable and will be the subject of severe sanctions. Particular attention was also paid to the manner in which investigations are carried out into cases involving allegations of ill-treatment, and the visit report contains recommendations aimed at improving the effectiveness of such investigations.