obligation in 5 visited establishments32. The relevant findings were reflected each time
in the ex-post information from a given establishment. Heads of Chambers, in
response to recommendations sent by the National Preventive Mechanism, undertook
to remind Police officers about the unconditional need to fulfil this obligation.
Another obligation of Police officers on duty in rooms for detained persons or
persons brought to sober up is to guarantee the exercise of the right to get acquainted
with the contents of Regulations concerning the stay in rooms for detained persons or
persons brought to sober up. Instruction on the rights should take place in conditions
allowing to understand the contents of the abovementioned act. In practice, in as many
as 11 Police organizational units visited by employees of the National Preventive
Mechanism, this rights was provided for by, for example, placing the contents of
Regulations on a corridor wall, duty officer’s room wall, a hall leading to the proper
part of the Chamber or on an external side of the doors to rooms for detained
persons33. Summing up, such actions must be considered as only illusory fulfilment
of the said obligation. Employees of the National Preventive Mechanism pointed this
fact out to the management of the visited rooms for detained persons, at the same time
suggesting other ways of ensuring this right that are practiced in other Chambers
(placement of Regulations on an internal side of the door to the room for detained
persons, provision of Regulations to detained persons for a specified period of time, in
the form protected against damage34). As in the case of the right to be instructed about
legal rights, responses to NPM recommendations coming from the Police
organizational units contained commitments to modify methods of presenting the
Regulations to detained persons.
d) Right of a detained person to inform relatives about detention
2nd General Report of CPT [CPT/Inf (1992)3]
36 The CPT attaches particular importance to three rights for persons detained by the
police: (…) the right of the person concerned to have the fact of his detention notified to a
third party of his choice (family member, friend, consulate).
The Code of Criminal Procedure of 6 June 1997 (Dz.U. No. 89, item 555, as amended)
Article 245 (2) Provisions of Art. 261 (1) and (3) shall apply accordingly, however, the
notification takes place upon the detained person’s request.
Article 261 (1) The court is obliged to promptly notify an immediate family member of a
culprit about temporary custody; it can be a person indicated by a culprit.
§ 2. Upon the culprit’s motion, another person can be notified instead or apart from the
person indicated in Paragraph 1.
§ 3. The Court is obliged to promptly notify an employer, school or a higher education
institution about temporary custody of a culprit and, as regards a soldier, his commander.
During each visit to rooms for detained persons within the Police organizational
units, employees of the National Preventive Mechanism asked detained persons about
32
Chamber in Kutno – all (2) persons interviewed indicated the lack of such instruction; Chamber in Koszalin –
5 out of 6 persons interviewed indicated the lack of such instruction; Chamber in Gdynia - the only person
interviewed indicated the lack of such instruction; Chamber in Kielce – 1 out of 2 persons interviewed indicated
the lack of such instruction.
33
Establishments in Nowy Dwór Mazowiecki, Warszawa I, Wrocław, Kutno, Koszalin, Gdynia, Mogilno,
Gliwice, Chełm, Jaworzno, Kielce.
34
Establishments in Legionowo and Środa Wielkopolska
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