☞Every detained individual, irrespective of the reason for detention and
his/her financial situation, should have a 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 defence counsel by persons
detained by the police is still 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 defence counsel43.
SPT
Access to a lawyer in combination with the supervision of places
of detention exercised by independent authorities, court and the
prosecution as well as the possibility to lodge complaints to an
independent body dealing with examination of ill-treatment charges
constitute key safeguards against torture44.
The aforementioned systemic problem has already been brought to the
attention of the Minster of Justice by the Commissioner for Human Rights45.
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.
CPT report from the visit to Poland, CPT/Inf (2018) 39, Art. 23.
SPT report on the visit to the Maldives, CAT/OP/MDV/1, Art. 63.
45
General Intervention of the CHR to the Minister of Justice of 18.04.2017 and 27.09.2018,
KMP.570.3.2017.RK.
43
44
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
33
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