the detention. Persons detained by the police should have the possibility to talk to a lawyer in private in
every case97.
Assessment of the recommendation’s implementation: Detainees who had their legal
representatives had problems with contacting them from the RDPs98. Only in one case the attorney had
unlimited access to the client held in the RDP99. The lawyer could meet the detainee in the doctor's room
that was not monitored, or in other rooms within the police station. In the other units, detainee’s contact
with a lawyer was subject to a prior consent of the detaining authority100 or the officer in charge of the
case (the contact was possible only through him)101. Taking into account the fact that officers work at
RDPs in a shift system, it is not possible for one police officer responsible for a given criminal case be
present at the RDP continuously. As a result, the detainee’s contact with the lawyer can be delayed.
Two of the visited RDPs had lists of attorneys and legal advisers who could be used by detained
persons102 (in one case, the list included only attorneys-at-law, and the NMPT recommended its
extension by legal advisers who offer their services in Warsaw). In one RDP there was no such list at
all103.
The subject of access to a lawyer is a systemic problem, as discussed above.
Initial medical examination of detainees and documentation of their injuries
The SPT and the CPT pointed out that it was necessary to implement a system in which detainees
at police units, who require medical care, including psychiatric care, get quick access to free-of-charge
medical treatment. The need to ensure that all detained persons undergo immediate and free of charge
examination by a medical specialist who works independently, without the presence of a police officer,
was also underlined. It was recommended that doctors be trained in examining and registering injuries
in a manner consistent with the Istanbul Protocol104.
97
CPT report, CPT/Inf (2018) 39, points 25 and 26; SPT report, CAT/OP/POL/ROSP/1, para. 52.
98
RDP at the Warsaw Police Headquarters, KMP.570.3.2020.KK; RDP at the District Police Station Warsaw VI,
KMP. 570.1.2020.
99
RDP at the Poviat Police Station in Piaseczno, KMP. 570.6.2020 JJ.
100
RDP at the Warsaw Police Headquarters, KMP.570.3.2020.KK.
101
RDP at the District Police Headquarters VI in Warsaw, KMP. 570.1.2020.AN.
102
RDP at the Warsaw Police Headquarters, KMP.570.3.2020.KK; RDP at the Poviat Police Station in Piaseczno,
KMP. 570.6.2020 JJ.
103
RDP at the District Police Station Warsaw VI, KMP. 570.1.2020.AN.
104
CPT report, CPT/Inf (2018) 39, para. 27; Report SPT, CAT/OP/POL/ROSP/1, points 54-55.
52
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