Seeing with an imprisoned under the watchful eye of the camera? Lawyers are supposed to react

Let us recall, in accordance with Article 8 par. 3 of the Executive Penal Code, a convicted person, deprived of liberty, may communicate with his defense counsel, advocate or legal adviser and a representative approved by the President of the Chamber of the European Court of Human Rights to represent the convicted person before the ECtHR, in the absence of other persons. Conversations with these people during visits and telephone calls - as provided for in the regulations - are not subject to control. Moreover, according to Art. 215 par. 1 of the Executive Penal Code, an arrested person has the right to such communication in the absence of other people and by correspondence.

Pursuant to Art. 73a of the Penal Code, penal institutions may be monitored by an internal system of video or sound recording devices - but with the proviso that this monitoring and recording of sound does not include information covered by the secrecy of confession or legally protected secrecy.

Read: When seeing a lawyer, cameras hit the right of defense - the Commissioner for Human Rights is alerting >>

Regulations - regulations, reality can be different

Already in 2019, the Ombudsman alerted him that he received complaints about violation of these provisions. The management of the Prison Service also noticed the problem, as it recommended that such meetings should not be monitored. It indicated that "as a rule, the inmate's visit with a lawyer should take place in an unmonitored room. If the room is used for various activities, technical solutions should be implemented to enable temporary shutdown of recording devices or their possible physical masking".

The Commissioner for Human Rights indicated that the concept of legal secrecy should be understood as broadly as possible. It should include not only monitoring, but also materials provided by the client or presented to the client by the attorney in the form of notes or documents relating to the case.

Nevertheless - as the Defender wrote at the time - the findings of his Bureau showed that, despite the fact that the prison administration informed them about the appointment of a room equipped with a camera recording video and sound for the place of meeting with the inmate, the defense counsel agreed to it.

The Polish Bar Council is now returning to the problem and reminds lawyers of the need to pay attention and, if necessary, to react to whether there are technical means monitoring the course of their conversations in the rooms where such meetings are held.

Read: Sufficient access to a lawyer? MS - yes, the Commissioner for Human Rights and lawyers are calling for changes >>

Breach of standards? The lawyer is to inform the local government

At the same time, the Polish Bar Council asks lawyers to inform the bodies of the bar's self-government about cases of violating the standards. - The Ombudsman receives applications from people staying in penitentiary units who complain that visits with lawyers take place in rooms monitored by cameras. This state of affairs is confirmed by explanations provided by prison administration authorities. The Prison Service, in response to the Ombudsman's questions, argues that such a practice is introduced due to the need to prevent unethical and unlawful behavior that attorneys commit during meetings with inmates - indicates in its position addressed to lawyers.

At the same time, she adds that she did not receive any signals from the prison authorities about cases of unethical or unlawful behavior by lawyers during visits. - Visits made under conditions enabling monitoring may lead to breach of legal secrecy and infringe the right to defense, the right to free contact with a lawyer and the right to a fair trial - he reminds.

At the same time, the NRA reminds lawyers of the need to pay attention and possibly react to whether there are technical means monitoring the course of their conversations in the rooms where they meet with inmate clients.

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