forked from bfijalkowski/KWT-2024
64 lines
7.4 KiB
Plaintext
64 lines
7.4 KiB
Plaintext
B. ASSISTANCE OF A LAWYER /RIGHT TO PROVISION OF LEGAL ADVICE
|
||
You have the right to speak confidentially to a lawyer.
|
||
A lawyer is independent from the police.
|
||
If you need help to get in contact with a lawyer, the police must help you.
|
||
Ask the police for more information.
|
||
According to the Rights of Persons who are Arrested and Detained Law (sections 3(1)(c), 3(2)(a) and (4), 8(3)(b), 10, 12(1) and (3), 14(2):
|
||
• Immediately after arrest, a person arrested by a member of the Police has the right to call personally a lawyer of their own choice, without any other person being present during the phonecall.
|
||
• In the event that a person is arrested, who is obviously not able to exercise the above-mentioned right to communication due to any intellectual or physical disability, such person shall be entitled to exercise said right with the assistance and/or in the presence of an official from the medical or social services of the state; such assistance must be made available to the arrested person immediately once this is practically feasible after the arrest.
|
||
• In any case, immediately after arrest or, in the event that the arrest did not take place inside the police station, immediately after the person's admission to the station, a list which includes the names and telephone numbers of all lawyers registered in the “Register of Practicing Advocates” must be made available to the person arrested.
|
||
• Any person arrested may submit a written request to the Court, which shall examine whether the person is entitled to provision of pro-bono services of a lawyer.
|
||
C. INTERPRETATION AND TRANSLATION
|
||
If you do not speak or understand the language spoken by the police or other competent authorities, you have the right to be assisted by an interpreter, free of charge.
|
||
The interpreter may help you to talk to your lawyer and must keep the content of that communication confidential.
|
||
Moreover, you have the right to translation, free of charge, of all essential documents (arrest and/or detention warrant, bill of charge or indictment, any court judgment and order within the framework of the proceedings and any other document the competent authority may deem as essential either of their own motion or following a justified request made by you or your lawyer).
|
||
In some circumstances, you may be provided with an oral translation and/or summary of the essential documents.
|
||
According to the Rights of Persons who are Arrested and Detained Law (sections 7(2), 12(4) and 27(3):
|
||
D. RIGHT TO REMAIN SILENT
|
||
While being questioned by the police or other competent authorities, you do not have to answer questions about the alleged offence.
|
||
Your lawyer can help you to decide on that.
|
||
E. ACCESS TO DOCUMENTS AND CHALLENGE OF THE LEGALITY OF THE ARREST OR DETENTION.
|
||
When you are arrested and detained, you (or your lawyer) have the right to access essential documents (copy of the arrest and detention warrant, copy of the application and the affidavit on the basis of which the warrant was issued) which you need to challenge the legality of the arrest or detention.
|
||
If your case goes to court, you (or your lawyer) have the right to access the material evidence and documents gathered during the investigation of the case concerning the criminal offence brought before the Court.
|
||
F. INFORMING SOMEONE ELSE ABOUT YOUR ARREST OR DETENTION / INFORMING YOUR CONSULATE OR EMBASSY
|
||
When you are arrested or detained, you should tell the police if you wish to call someone personally in order to inform them of your detention, for example a family member or your employer.
|
||
In certain cases, the right to inform another person of your detention may be temporarily restricted.
|
||
In such cases, the police will inform you of this.
|
||
According to the Rights of Persons who are Arrested and Detained Law (sections 3(2)(b),(3) and (4), 5(1)(α) and (2):
|
||
When you are arrested or detained, you have the right to urgent medical assistance.
|
||
Please let the police know if you are in need of such assistance.
|
||
According to the Rights of Persons who are Arrested and Detained Law (sections 23, 24, 26, 27):
|
||
The costs for the medical examination, treatment and surveillance to be carried out by a doctor of the detained person's choice, shall be borned by the latter.
|
||
• In the event that the detained person desires to exercise the abovementioned right, he/she may do so by filling in and signing a relevant form and handing it over to a member of the police.
|
||
The detained person shall be entitled to keep a copy of said form, once the member of the police confirms receipt by signing it (Annex B).
|
||
H. PERIOD OF DEPRIVATION OF LIBERTY
|
||
After your arrest, you may be deprived of liberty or detained for a maximum period of twenty four (24) hours from the arrest, until you are brought before a judge.
|
||
At the end of that period, you must either be released or be heard by a judge who will decide on the continuation of your detention.
|
||
Ask your lawyer or the judge for information about the possibility to challenge the legality of your arrest, or the submission of application for provisional release.
|
||
I. VISITING RIGHTS
|
||
According to the Rights of Persons who are Arrested and Detained Law (sections 12(1) and 16):
|
||
• Every detained person and any relative or other person of their choice and, in the case of a detained person under the age of eighteen, his/her parents or guardians are entitled to meet daily for up to one hour overall in a private area in the detention centre, in the presence of a member of the police.
|
||
(c) live in a cell of a reasonable size, where the basic comforts and hygiene conditions are provided, sufficient lighting and ventilation, and appropriate resting equipment.
|
||
• In any case, a detained woman shall have the right to:
|
||
(a) if she is breastfeeding, continue breastfeeding in a private room in the detention centre and, if she so desires, the baby may stay with her in the cell at her own expenses;
|
||
(b) the necessary personal hygiene products or, she may purchase at her own expenses personal hygiene products of her choice;
|
||
N. EXERCISE OF RIGHTS
|
||
In the event that you do not ask to exercise some of your rights mentioned above, you shall not be deprived of the right to do so at a later point in time during your detention.
|
||
Time……………………………..
|
||
Signature of the detainee…………………...
|
||
PART Β
|
||
• Breakfast 7am - 9am
|
||
• Lunch 12.00 - 2 pm
|
||
• Dinner
|
||
• Bed time by 10 pm
|
||
• Mobile phones, money, jewellery, medicine, matches, lighters, laces, belts, ties, razors and any other dangerous items are not permitted within the cells.
|
||
• You may be provided with medicines only upon prescription or instructions given by a doctor.
|
||
• Alcoholic beverages are not permitted.
|
||
• Should you not wish to have the food provided by the police, you may obtain food at your own expenses provided that you have informed the manager of the detention centre in a timely manner and following inspection of the food for security purposes.
|
||
• It is your obligation to keep the space of your detention clean.
|
||
• It is not permitted to cause nuisance.
|
||
• In the event of deliberately causing damage in the detention centre, you shall be subject to criminal prosecution and you shall bear any restoration costs.
|
||
This shall be displayed in every cell in the Greek, English, and Turkish language, and a copy must be given to every detained person in a language they understand.
|
||
Date …………………… Time…………………….
|
||
|