A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
convictions, prison overcrowding and congestion in the courts, and reducing
reoffending and revictimization. It may also protect and safeguard the rights of
victims and witnesses in the criminal justice process. Legal aid can be utilized to
contribute to the prevention of crime by increasing awareness of the law.
4.
Legal aid plays an important role in facilitating diversion and the use of
community-based sanctions and measures, including non-custodial measures;
promoting greater community involvement in the criminal justice system; reducing
the unnecessary use of detention and imprisonment; rationalizing criminal justice
policies; and ensuring efficient use of State resources.
5.
Regrettably, many countries still lack the necessary resources and capacity to
provide legal aid for suspects, those charged with a criminal offence, prisoners,
victims and witnesses.
6.
The United Nations Principles and Guidelines on Access to Legal Aid in
Criminal Justice Systems, which are drawn from international standards and
recognized good practices, aim to provide guidance to States on the fundamental
principles on which a legal aid system in criminal justice should be based and to
outline the specific elements required for an effective and sustainable national legal
aid system, in order to strengthen access to legal aid pursuant to Economic and
Social Council resolution 2007/24 of 26 July 2007, entitled “International cooperation
for the improvement of access to legal aid in criminal justice systems, particularly
in Africa”.
7.
In line with the Lilongwe Declaration on Accessing Legal Aid in the Criminal
Justice System in Africa and the Lilongwe Plan of Action for the implementation of
the Declaration, the Principles and Guidelines follow a broad concept of legal aid.
8.
For the purposes of the Principles and Guidelines, the term “legal aid”
includes legal advice, assistance and representation for persons detained, arrested or
imprisoned, suspected or accused of, or charged with a criminal offence and for
victims and witnesses in the criminal justice process that is provided at no cost for
those without sufficient means or when the interests of justice so require.
Furthermore, “legal aid” is intended to include the concepts of legal education,
access to legal information and other services provided for persons through
alternative dispute resolution mechanisms and restorative justice processes.
9.
For the purposes of the Principles and Guidelines, the individual who provides
legal aid is herein referred to as the “legal aid provider”, and the organizations that
provide legal aid are referred to as the “legal aid service providers”. The first
providers of legal aid are lawyers, but the Principles and Guidelines also suggest
that States involve a wide range of stakeholders as legal aid service providers in the
form of non-governmental organizations, community-based organizations, religious
and non-religious charitable organizations, professional bodies and associations and
academia. Provision of legal aid to foreign nationals should conform to the
requirements of the Vienna Convention on Consular Relations 8 and other applicable
bilateral treaties.
10. It should be noted that States employ different models for the provision of
legal aid. These may involve public defenders, private lawyers, contract lawyers,
pro bono schemes, bar associations, paralegals and others. The Principles and
Guidelines do not endorse any specific model but encourage States to guarantee the
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