Every day is a reason to celebrate. February 20th is a double occasion, because, as the "Calendar of Unusual Holidays" indicates, it's Handcuffs Day, commemorating the anniversary of the patent for this item, and International Day of Social Justice. These two holidays, contrary to appearances, are not mutually exclusive and are, in a sense, intertwined.

Handcuffs are primarily associated with a tool used by police officers on convicted, detained, or temporarily arrested individuals to partially immobilize their limbs. Detention is a short-term deprivation of liberty, a constitutionally protected personal freedom, preventing individuals from making decisions freely and according to their will. Unfortunately, the vast majority of detainees are unaware of their rights, which opens the door to various abuses. Therefore, we would like to remind you of your rights as detainees.

• You have the right to know the reason for your arrest and the right to be heard (Article 244 § 2 of the Code of Criminal Procedure);
• Remember that you do not have to answer questions or explain your silence to anyone. No one can force you to provide explanations (Article 244 § 3 of the Code of Criminal Procedure);
• You have the right to receive a copy of the detention report, which will indicate the reason for your detention (Article 244 § 3 of the Code of Criminal Procedure). If you disagree with the content of the report, do not sign it. Demand that all your comments and objections be included in the report. Only sign it when the report reflects everything you have said in the case.
• Remember that if you are detained, you cannot make phone calls yourself, but an officer may do so at your express request. You have the right to notify your next of kin or another designated person, as well as your employer, school, university, commanding officer, and the person managing the detainee's enterprise or the enterprise for which they are responsible, of the detention (Article 245 § 2, Article 261 § 1, § 2, and § 3 of the Code of Criminal Procedure);
• You have the right to immediately contact a lawyer or legal advisor and speak directly with them. In such a situation, you should provide the telephone number of your lawyer or legal advisor. If you don't know any, remember that you can request access to a list of lawyers and legal advisors, which must be kept at the police station (Article 245 § 1 of the Code of Criminal Procedure).
• If you are a foreigner and do not know the Polish language, you have the right to use the free assistance of an interpreter (Article 72 § 1 of the Code of Criminal Procedure);
• Please also remember that if you do not hold Polish citizenship, you have the right to contact the consular office or diplomatic mission of the country of which you are a citizen. If you do not hold any citizenship, you have the right to contact a representative of the country where you permanently reside (Article 612 § 2 of the Code of Criminal Procedure);
• You have the right to file a complaint against your arrest with a court within seven days of your arrest. Your complaint may request a review of the justification, legality, and correctness of your arrest (Article 246 § 1 of the Code of Criminal Procedure).
• Remember that you may be detained for a period of 48 hours – counted to the minute from the moment of your arrest. After this time, or if the reasons for your arrest cease to exist, you have the right to immediate release, unless a motion for pre-trial detention is filed with the court within that time. If the prosecutor files a motion for pre-trial detention, the court has an additional 24 hours to make a decision and deliver it to you. In other words, if you are not served with a decision for pre-trial detention within 24 hours of the prosecutor's motion, you must be released immediately (Article 248 § 1 and § 2 of the Code of Criminal Procedure)
• Remember that you have the right to food and water. If you need to take medication on a regular basis and have it with you, you can ask for permission to take it
• You have the right to receive necessary medical attention. Therefore, if you feel unwell, notify the officer who is obligated to provide assistance.

If you would like to learn more about the rights of a detainee, please refer to our webinar led by attorney-at-law Michał Świętosławski, "The Detainee's Vademecum, or What a Detained Person Should Know," available at the link below.

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