A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
(f)
in place.
Means of verification that a person has actually been informed are put
Guideline 3
Other rights of persons detained, arrested, suspected or accused of, or charged
with a criminal offence
43.
States should introduce measures:
(a) To promptly inform every person detained, arrested, suspected or
accused of, or charged with a criminal offence of his or her right to remain silent;
his or her right to consult with counsel or, if eligible, with a legal aid provider at any
stage of the proceedings, especially before being interviewed by the authorities; and
his or her right to be assisted by an independent counsel or legal aid provider while
being interviewed and during other procedural actions;
(b) To prohibit, in the absence of any compelling circumstances, any
interviewing of a person by the police in the absence of a lawyer, unless the person
gives his or her informed and voluntary consent to waive the lawyer’s presence, and
to establish mechanisms for verifying the voluntary nature of the person’s consent.
An interview should not start until the legal aid provider arrives;
(c) To inform all foreign detainees and prisoners in a language they understand
of their right to request contact with their consular authorities without delay;
(d) To ensure that persons meet with a lawyer or a legal aid provider
promptly after their arrest in full confidentiality; and that the confidentiality of
further communications is guaranteed;
(e) To enable every person who has been detained for any reason to
promptly notify a member of his or her family, or any other appropriate person of
his or her choosing, of his or her detention and location and of any imminent change
of location; the competent authority may, however, delay a notification if absolutely
necessary, if provided for by law and if the transmission of the information would
hinder a criminal investigation;
(f) To provide the services of an independent interpreter, whenever necessary,
and the translation of documents where appropriate;
(g)
To assign a guardian, whenever necessary;
(h) To make available in police stations and places of detention the means to
contact legal aid providers;
(i) To ensure that persons detained, arrested, suspected or accused of, or
charged with a criminal offence are advised of their rights and the implications of
waiving them in a clear and plain manner; and should endeavour to ensure that the
person understands both;
(j) To ensure that persons are informed of any mechanism available for
filing complaints of torture or ill-treatment;
(k) To ensure that the exercise of these rights by a person is not prejudicial
to his or her case.
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