Following the loud case of Igor Stachowiak, which has shown the public the problem of torture and inhumane treatment by officials, the Ombudsman demands a bill which would require the introduction of a defender from the detention stage.
The right to a defender was guaranteed by the Constitution of the Republic of Poland, which under Article 42(2) provides that anyone against whom criminal proceedings are conducted has the right to defend himself in all stages of the proceedings.
In particular, he may elect a defender or, in accordance with the principles set out in the Act, use a defender of his own motion.
This law confirms the Supreme Court's ruling from 9 February 2004 (V KK 194/03), where the Court of First Instance has held that the rights of defence are enjoyed in the early stages of the proceedings where the detention authority assumes that the detained person has committed a criminal offence and that presumption is justified.
Whatever you say, it can be used against you.
The problem is that in practice one From the most important stages of the proceedings, this is an interrogation and prosecution, taking place without a defender. The law does not provide for the possibility of a lawyer being appointed ex officio at this stage of the procedure.
Those detained without the funds that they could use as a lawyer of their choice must wait for them to be given a defence of their own motion. In the meantime, the application may be submitted only after first An interrogation.
It must be demonstrated in the application that the cost of the defence will be borne by a real damage to the maintenance of both the defendant and his family. The President of the competent court is considering whether the defendant actually has the means to guarantee him a lawyer.
According to the Supreme Court ruling reference no.: I KZP 37/92 there shall be no complaint against a refusal to grant an attorney of his own motion by the court. first instances.
IR intervention
On 18 April 2017 The RPO addressed Minister Zbigniew Ziobra, pointing out the need for a legislative initiative to ensure that every person detained has been in contact with the defender from the very beginning. According to the Ombudsman, this would be an effective mechanism to protect those detained from torture and inhumane treatment by officers.
In a comprehensively documented speech, the Ombudsman pointed to examples of police torture (including minors, witnesses and offenders). The loudest was the case of Igor Stachowiak, who was killed by torture at the Wrocław police station In 2016 The RPO recognises that torture in Poland is still a current problem, requiring systemic actions, including educational, legislative, administrative and judicial actions.
In the absence of a reply, the RPO reiterated its speech to the Minister 6 July 2017 and 13 October 2017 Finally 8 January 2018 The Ombudsman wrote to Prime Minister Morawiecki on this matter. In response, the RPO received a scan of the letter from 12 January, addressed by the Head of the Chancellery of the President of the Council of Ministers to the Minister of Justice asking for a reply from the Ombudsman. So far, the case has been suspended.
Author:
Katarzyna Kołbuś - Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which is devoted to finance, taxation, law, politics and the economy. She graduated from Polish philology at the UMCS and the linguistic text editing at the University of Warsaw