CPT 7th General Report [CPT/Inf (97) 10] concerning the deprivation of foreigners –
illegal immigrants – of liberty:
Immigration detainees should - in the same way as other categories of persons deprived of
their liberty - be entitled, as from the outset of their detention, to inform a person of their
choice of their situation and to have access to a lawyer and a doctor. Further, they should
be expressly informed, without delay and in a language they understand, of all their rights
and of the procedure applicable to them. (…) immigration detainees should be
systematically provided with a document explaining the procedure applicable to them and
setting out their rights. This document should be available in the languages most commonly
spoken by those concerned and, if necessary, recourse should be had to the services of an
interpreter.
The Code of Criminal Procedure of 6 June 1997 (Dz.U. No 89, item 555, as amended)
Art. Article 244 (2) A detained person shall be promptly informed on the reasons for
detention and of his rights, including the right to enjoy the solicitor’s assistance and the
right to be heard.
Act of 13 June 2003 on aliens (Dz.U. of 2006, No 234, item 1694, as amended)
Article 10.1. Authorities in charge of proceedings in relation to issuing or prolonging visa,
granting a residence permit for a specified period of time, permit to settle or the long-term
resident's EC resident permit, hereinafter referred to as “EC resident permit” and a
deportation from the territory of the Republic of Poland, shall instruct a foreigner in a
language he understands of the rules and mode of proceedings and of the rights and duties
applicable to him.
The National Preventive Mechanism has found that the right of foreigners to
information is ensured in a flawed way.
Upon admission to an establishment, foreigners are provided with the
opportunity to get acquainted with the contents of Regulations in force in the
Deportation Centre, however, the text of Regulations in particular language versions,
was displayed only in the corridor of the Deportation Centre in Lubań.
In the Deportation Centre in Szczecin, which appeared the worst at the time of a
visit in the discussed scope, neither the lists of authorities, institutions and nongovernmental organizations dealing with foreigners’ cases were presented to
foreigners, nor other information concerning their rights or obligations. As indicated in
other chapters of this report, familiarity not only with the regulations in force in the
establishment, but also with institutions to be addressed in case of bad treatment is
immensely significant to detainees. Such information should be widely available,
without the need to call the personnel to grant access to it.
Moreover, the visits have also unveiled that scarcely had the foreigners any
access to additional materials in the form of brochures or leaflets that would contain
information on rights and obligations applicable to them. Non-governmental
organisations that could provide legal assistance or counselling usually do not find
their way to the establishments.
Situation in visited establishments can hinder the enjoyment of rights by
foreigners staying therein, which in consequence leads to the infringement of basic
foreigners' rights.
In response to the abovementioned remarks, the Deputy Commander of the
Nadodrzański Border Guard Unit informed the National Preventive Mechanism that at
admission, each foreigner is provided with Regulations concerning the stay of
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