A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
authority at no cost when the person does not have sufficient means to pay and/or
where the interests of justice so require;
(d) To ensure that the counsel of the accused is present at all critical stages of
the proceedings. Critical stages are all stages of a criminal proceeding at which the
advice of a lawyer is necessary to ensure the right of the accused to a fair trial or at
which the absence of counsel might impair the preparation or presentation of a defence;
(e) To request bar or legal associations and other partnership institutions to
establish a roster of lawyers and paralegals to support a comprehensive legal system for
persons detained, arrested, suspected or accused of, or charged with a criminal offence;
such support could include, for example, appearing before the courts on fixed days;
(f) To enable, in accordance with national law, paralegals and law students
to provide appropriate types of assistance to the accused in court, provided that they
are under the supervision of qualified lawyers;
(g) To ensure that unrepresented suspects and the accused understand their
rights. This may include, but is not limited to, requiring judges and prosecutors to
explain their rights to them in clear and plain language.
Guideline 6
Legal aid at the post-trial stage
46. States should ensure that imprisoned persons and children deprived of their
liberty have access to legal aid. Where legal aid is not available, States shall ensure
that such persons are held in prison in conformity with the law.
47.
For this purpose, States should introduce measures:
(a) To provide all persons, on admission to the place of imprisonment and
during their detention, with information on the rules of the place of imprisonment
and their rights under the law, including the right to confidential legal aid, advice
and assistance; the possibilities for further review of their case; their rights during
disciplinary proceedings; and procedures for complaint, appeal, early release,
pardon or clemency. Such information should be provided in a manner that
corresponds to the needs of illiterate persons, minorities, persons with disabilities
and children and should be in a language that the person in need of legal aid
understands. Information provided to children should be provided in a manner
appropriate for their age and maturity. The information material should be supported
by visual aids prominently located in those parts of the facilities to which prisoners
have regular access;
(b) To encourage bar and legal associations and other legal aid providers to
draw up rosters of lawyers, and paralegals, where appropriate, to visit prisons to
provide legal advice and assistance at no cost to prisoners;
(c) To ensure that prisoners have access to legal aid for the purpose of
submitting appeals and filing requests related to their treatment and the conditions
of their imprisonment, including when facing serious disciplinary charges, and for
requests for pardon, in particular for those prisoners facing the death penalty, as
well as for applications for parole and representation at parole hearings;
(d) To inform foreign prisoners of the possibility, where available, of seeking
transfer to serve their sentence in their country of nationality, subject to the consent
of the States involved.
12/20