Inside Police Custody 2
cannot read, and no provision for suspects to be given time to read the document, or to keep it in their
possession during detention. When a detained person appears before a judge, the judge must verify that
the required information has been given, and provide or complete the information where necessary.
The research shows that information regarding rights is normally given in practice as required by the law.
However, interviews with those who were, or who had been, detained shows that awareness of rights
depends on the right concerned; they were generally aware of the right to a lawyer, but not necessarily of
the right to legal aid or the right to silence. There is also concern that those for whom Italian is not their first
language, and vulnerable suspects, do not understand the notification. Researchers found that sometimes
the letter of rights was read to the suspect, but that they were not given a copy of it. Most of the suspects
interviewed said that had been given oral notification of their rights, but a third of them said that they had
not been given the letter of rights, and this was more likely if they were not Italian.
3.2.9 Poland
Polish law provides for separate letters of rights for arrested persons and for suspects, which are attached
to the report of arrest and the transcript of interrogation respectively. Arrested persons must also informed
about the grounds for detention, and be provided with a copy of the letter of rights and the report of arrest.
The letter of rights for suspects is much longer that letter of rights for arrested person, and the language is
rather formal. Standard letters of rights are prepared by the Minister of Justice (who is also a Prosecutor
General).
3.3 Information about the reasons for arrest/detention, and the
suspected offence
3.3.1
Information about the reasons for arrest/detention
Article 6(2) of the Directive requires member states to ensure that suspected or accused persons who are
arrested or detained are informed of the reasons for their arrest or detention, including the criminal act
they are suspected or accused of having committed. The Directive does not specify the time within which
such information must be provided. However, Article 5(2) of the ECHR provides that information about
the reasons for arrest must be provided promptly, and thus a promptness requirement should be read into
Article 6(2) of the Directive.
The law in all of the countries in the study requires information about the reason for arrest or detention to
be provided, generally at the time of the arrest or detention, or immediately afterwards. In Romania, the
criminal procedure code provides that a suspect must be informed of the reasons for arrest immediately
after arrest, but arrest may take place some time after the initial detention. In most of the countries, the
obligation is expressed in general terms, but in Spain, the law is explicit as to the information that must be
provided: (a) the place, date and time of arrest; (b) the place, date and time of (suspected) commission
of the offence; (c) the criminal act that has given rise to the arrest, with a brief summary of the facts, and
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