A/HRC/30/37 (d) Known procedures must be in place to release immediately a detainee upon discovery that he or she is continuing to be detained despite having completed serving a sentence or detention order; (e) In the event of non-compliance with such requirements, sanctions against the State authorities responsible are necessary. Guideline 7 Time frame for bringing proceedings before a court 61. To ensure that an individual is not be deprived of his or her liberty without being given an effective opportunity to be heard without delay by a court of law, no substantial waiting period shall exist before a detainee can bring a first challenge to the arbitrariness and lawfulness of detention. Authorities shall facilitate the detainee’s right to bring proceedings before a court and immediate access to legal counsel to prepare the detainee’s case. 62. Given that circumstances can change and lead to the possibility that a previous legal justification for a detention is no longer applicable, detainees should have the right to challenge their detention periodically. 63. After a court has held that the circumstances justify the detention, the individual is entitled to take proceedings again on similar grounds after an appropriate period of time has passed, depending on the nature of the relevant circumstances. 64. There shall be no substantial waiting period between each application and no waiting period in cases of alleged torture or other ill-treatment, or risk of such treatment, or incommunicado detention, or where the life, health or legal situation of the detainee may be irreversibly damaged. 65. The initiation of the challenge multiple times does not relieve authorities of the obligation to ensure the regular, periodic judicial or other review of the necessity and proportionality of continuing detention, nor exclude the possibility of periodic review by the court proprio motu. 66. Where a decision upholding the arbitrariness and lawfulness of detention is subject to appeal in accordance with national legislation, it should be adjudicated upon expeditiously. Any appeals by the State are to be filed within legally defined limits and circumstances. Guideline 8 Assistance by legal counsel and access to legal aid 67. Access shall be provided without delay to legal counsel immediately after the moment of deprivation of liberty and at the latest prior to any questioning by an authority, and thereafter throughout the period of detention. This includes providing detainees with the means to contact legal counsel of their choice. 68. Effective legal aid shall be provided promptly after the time of apprehension in order to ensure that the unaffordable cost of legal counsel does not present a barrier to individuals deprived of their liberty, or his or her representative, without adequate means to bring proceedings before a court. 69. Respect for the confidentiality of communications, including meetings, correspondence, telephone calls and other forms of communications, with legal counsel are to be ensured. Such communications may be held in the sight of officials provided that they are conducted out of their hearing. In the event that confidentiality is broken, any information obtained shall be considered inadmissible as evidence. 16