A/HRC/30/37
Principle 9
Assistance by legal counsel and access to legal aid
12.
Persons deprived of their liberty shall have the right to legal assistance by counsel of
their choice, at any time during their detention, including immediately after the moment of
apprehension. Upon apprehension, all persons shall be promptly informed of this right.
13.
Assistance by legal counsel in the proceedings shall be at no cost for a detained
person without adequate means or for the individual bringing proceedings before a court on
the detainee’s behalf. In such cases, effective legal aid shall be provided promptly at all
stages of the deprivation of liberty; this includes, but is not limited to, the detainee’s
unhindered access to legal counsel provided by the legal aid regime.
14.
Persons deprived of their liberty shall be accorded adequate time and facilities to
prepare their case, including through disclosure of information in accordance with the
present Basic Principles and Guidelines, and to freely communicate with legal counsel of
their choice.
15.
Legal counsel shall be able to carry out their functions effectively and
independently, free from fear of reprisal, interference, intimidation, hindrance or
harassment. Authorities shall respect the privacy and confidentiality of legal counseldetainee communications.
Principle 10
Persons able to bring proceedings before a court
16.
Procedures shall allow anyone to bring proceedings before a court to challenge the
arbitrariness and lawfulness of the deprivation of liberty and to obtain without delay
appropriate and accessible remedies, including the detainee, his or her legal representative,
family members or other interested parties, whether or not they have proof of the consent of
the detainee.
17.
No restrictions may be imposed on the detainee’s ability to contact his or her legal
representative, family members or other interested parties.
Principle 11
Appearance of the detainee before the court
18.
The court should guarantee the physical presence of the detainee before it, especially
for the first hearing of the challenge to the arbitrariness and lawfulness of the deprivation of
liberty and every time that the person deprived of liberty requests to appear physically
before the court.
Principle 12
Equality before the courts
19.
The proceedings shall be fair and effective in practice, and the parties to the
proceedings in question shall be ensured the right to equal access to present their full case,
and equality of arms, and be treated without any discrimination before the courts.
20.
Every individual deprived of liberty shall be guaranteed the right to have access to
all material related to the detention or presented to the court by State authorities to preserve
the equality of arms. The requirement that the same procedural rights be provided to all
parties is subject only to distinctions that are based on the law and can be justified on
objective, reasonable grounds not entailing actual disadvantage or other unfairness to the
detained person.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents