CAT/C/POL/CO/5-6
Fundamental legal safeguards
8.
The Committee welcomes the Act of 27 September 2013 amending the Code of
Criminal Procedure to provide the accused and the defence lawyer with access to case files
in pretrial proceedings. However, the Committee is concerned that certain restrictions still
remain on fundamental legal safeguards for persons detained by the police, particularly
regarding access to a lawyer from the outset of detention. It is also concerned that, under
article 1 of the Executive Penal Code, the prison authorities reserve the right to be present
at all meetings between the detainee and his or her defence counsel, and to monitor their
telephone communications and correspondence. Furthermore, the Committee remains
concerned at the lack of an appropriate system of legal aid in Poland (arts. 2 and 16).
The Committee recommends that the State party take effective measures to guarantee
that all persons deprived of their liberty are afforded, in law and in practice, all the
fundamental legal safeguards from the outset of deprivation of liberty, including the
right to have prompt access to an independent lawyer and, if necessary, to legal aid in
accordance with international standards. It further recommends that the State party
take the necessary measures to ensure the confidentiality of lawyer-client meetings
and communications via telephone and correspondence.
Pretrial detention
9.
The Committee welcomes the amendment of 24 October 2008 to the Code of
Criminal Procedure, which narrows down the justification for extending the period of
pretrial detention. However, the Committee is concerned at reports indicating that, in
practice, the courts do not strictly follow the legislation and often grant extensions with
meagre justification, even beyond the established two years (arts. 2, 14 and 16).
The Committee recommends that the State party ensure that pretrial detention is used
as an exception and applied for a limited period of time. In particular, it recommends
that the State party take measures to put a stop to the practice of extending pretrial
detention beyond the maximum period prescribed by law. It should also consider
replacing pretrial detention with non-custodial penalties and alternatives to detention,
in accordance with the United Nations Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules). The Committee further recommends that the State party
ensure that redress and compensation are provided to anyone who becomes a victim
of unjustified prolonged pretrial detention.
Rendition and secret detention programme
10.
The Committee is concerned about the lengthy delays in the investigation process
into the alleged complicity of the State party in the Central Intelligence Agency rendition
and secret detention programmes between 2001 and 2008, which allegedly involved torture
and ill-treatment of persons suspected of involvement in terrorism-related crimes. It is also
concerned about the secrecy surrounding the investigation and the failure to ensure
accountability in these cases (arts. 2, 3, 12 and 13).
The Committee urges the State party to complete the investigation into allegations of
its involvement in the Central Intelligence Agency rendition and secret detention
programmes between 2001 and 2008 within a reasonable time and to ensure that
persons involved in the alleged crimes of torture and ill-treatment are held
accountable. It also recommends that the State party inform the public, ensure its
investigation process is transparent, and cooperate fully with the European Court of
Human Rights on the Central Intelligence Agency rendition and secret detention cases
against Poland.
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