A/HRC/37/25 justice operating in judicial or administrative proceedings are fundamental. The provision of procedural accommodations in this context can also contribute to building up relevant practice. Theoretical and applied research can contribute by systematizing practices and developing tools to ensure respect of the right to exercise legal capacity in all legal procedures. 53 States should involve their national associations of law professionals in developing these tools in consultation with persons with disabilities and their representative organizations, in accordance with the Convention. 4. Presumption of innocence 39. The presumption of innocence is a fair trial principle that guarantees that an accused person maintains innocence until proven guilty. In certain legal systems, persons with disabilities found “unfit to stand trial” or exempted from criminal responsibility on the basis of their psychosocial or intellectual impairment are commonly diverted from proceedings and subjected to security measures entailing committal or forced treatment in mental health facilities under a regime of impairment-based detention, which may be of an indefinite duration.54 As trial is not pursued and no conviction obtained, instead of being based on a finding of guilt, security measures are ordered based on the individual’s alleged “dangerousness” to self and others. 55 Such court orders constitute unequal treatment, as they are based on perceived “dangerousness”, impairment or impairment-related assumptions,56 rather than on a determination of culpability for the commission of a crime through due process. These practices culminate in the abandonment of the individual’s right to the presumption of innocence and in the denial of due process safeguards that should be applicable to every person, as recognized in international law. The Committee has accordingly called for them to be repealed.57 5. Legal aid 40. The absence of free legal aid is one of the most common barriers to equality of arms and equal access to justice, particularly for persons with disabilities, who number disproportionately among the world’s poor and face challenges in affording legal advice and representation. The right to legal counsel is a fair trial right and includes the right to free legal aid. 41. The Committee has raised concerns about the lack of available free legal aid for persons with disabilities,58 including for those living in institutions, 59 and for women and girls with disabilities facing violence or abuse.60 In some countries where legal aid services have been established, in practice they lack the necessary resources; do not operate on an independent basis; are inaccessible to persons with disabilities; or lack sufficient expertise about the rights of persons with disabilities. 61 States parties should increase their efforts to guarantee legal aid for persons with disabilities, enacting legislation and allocating resources to support the provision of free legal aid. Legal aid should be accessible, and States parties must ensure the availability of services and information using multiple means, modes and formats of communication across their whole territory. For example, in Canada, the Ontario Legal Aid Office provides all information online in alternative formats and trains employees on communicating with people with various types of impairments. 53 54 55 56 57 58 59 60 61 See rule 68, paragraph 2, of the Committee’s rules of procedure (CRPD/C/1/Rev.1) and paragraph 69 of the Committee’s working methods (CRPD/C/5/4). See, for example, Noble v. Australia, (CRPD/C/16/D/7/2012), para. 8.7. See CRPD/C/BEL/CO/1, para. 27. See CRPD/C/CYP/CO/1, para. 38. See CRPD/C/PRT/CO/1, para. 33 (b). See CRPD/C/ARM/CO/1, para. 22; CRPD/C/SVK/CO/1, para. 41; CRPD/C/UKR/CO/1, para. 28; and CRPD/C/KEN/CO/1, paras. 25 and 26 (a). See CRPD/C/MEX/CO/1, paras. 25 and 26 (b). See CRPD/C/GTM/CO/1, para. 38. See CRPD/C/CHN/CO/1, para. 23; CRPD/C/NZL/CO/1, para. 23; CRPD/C/ARE/CO/1, para. 25 (b); and CRPD/C/THA/CO/1, para. 27. 11