A/HRC/45/16 that the legal representation provided promotes effective representation, 24 including the ability to communicate with legal counsel. 25 53. Legal assistance should be available at all stages of criminal proceedings, namely, during pretrial, trial, re-trial and appellate stages, to ensure compliance with fair trial guarantees.26 For example, the presence of legal counsel during interrogations is an essential safeguard in ensuring that any admissions by an individual are given freely. The Working Group considers that confessions made in the absence of legal counsel are not admissible as evidence in criminal proceedings. 27 Legal assistance should be provided free of charge if the detained person cannot afford such, through an effective legal aid system, including paralegal services. 28 Adequate time and facilities, preserving the client-lawyer privilege, should be ensured.29 54. The Working Group is concerned at the various forms of retaliatory measures reportedly taken against lawyers solely for providing professional legal services to their clients.30 It is the legal and positive duty of the State to protect everyone on its territory or under its jurisdiction against any human rights violation and to provide remedy whenever a violation still occurs.31 The Working Group recalls that the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of their Liberty to Bring Proceedings Before a Court state, in principle 9, that legal counsel are to be able to carry out their functions effectively and independently, free from fear of reprisal, interference, intimidation, hindrance or harassment. 32 55. The Working Group is mindful of the key role that lawyers have in preventing instances of arbitrary deprivation of liberty and therefore wishes to underline the importance of preserving the independence and impartiality of the profession. In particular, professional bodies that represent the legal profession in each country, such as bar associations and law societies, should never be part of a government ministry or other executive body. In addition, there should be no government interference with the process of registering lawyers, or in initiating disciplinary proceedings that bar associations and law societies undertake as part of their own regulation or that come before independent courts.33 States should also give due consideration to the development of the legal profession through university and other professional legal education courses. 34 C. Modern technologies and alternatives to detention 56. Recalling that liberty of person, as enshrined in article 3 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights, as well as in regional human rights instruments,35 is the principle to which deprivation of liberty constitutes an exception, the Working Group has advocated for States to resort to measures that are alternatives to deprivation of liberty in all detention settings, including criminal justice and administrative detention. In some contexts, such as migration and pretrial 24 25 26 27 28 29 30 31 32 33 34 35 26 Ibid., para. 55. See also Human Rights Committee, Borisenko v. Hungary, communication No. 852/1999, para. 7.5. See A/HRC/45/16/Add.2, para. 59. A/HRC/42/39/Add.1, para. 54. See also the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, principle 9. See opinions No. 59/2019, No. 14/2019, No. 1/2014 and No. 40/2012. See also E/CN.4/2003/68, para. 26 (e). A/HRC/42/39/Add.1, paras. 56–57. See opinions No. 53/2019, No. 83/2018 and No. 76/2018. See opinions No. 66/2019, No. 70/2017, No. 36/2017, No. 34/2017, No. 32/2017 and No. 29/2017. See deliberation No. 10 (annex I of the present report). See also the Basic Principles on the Role of Lawyers, paras. 16–22. A/HRC/45/16/Add.2, para. 56. Basic Principles on the Role of Lawyers, paras. 9–11. See also A/HRC/42/39/Add.1, para. 53. African Charter on Human and Peoples’ Rights, art. 6, American Convention on Human Rights, art. 7, and European Convention on Human Rights, art. 5.