A/HRC/30/37 70. Access to legal counsel should not be unlawfully or unreasonably restricted. If access to legal counsel is delayed or denied, or detained persons are not adequately informed of their right to assistance by legal counsel in a timely manner, a range of remedies shall be available in accordance with the present Basic Principles and Guidelines. 71. Where the services of legal counsel are not available, every effort shall be made to ensure that services available from suitably qualified legal assistance providers are accessible to detainees under conditions that guarantee the full respect of the rights of detainees as set out in international law and standards. Guideline 9 Persons able to bring proceedings before a court 72. A wider group of individuals with a legitimate interest in the case may bring proceedings before a court, including family members, caregivers or legal guardian of the detainee, State authorities independent of the detaining authority, the ombudsman or national human rights institution, non-governmental organizations, the employer or coworkers. 73. When proceedings are initiated by a person other than the detainee, the court shall make every effort to discover the detained person’s will and preferences, and accommodate and support the detained person in participating effectively on his or her own behalf. 74. An informal, cost-free and simplified process to bring such proceedings before a court shall be ensured. Guideline 10 Appearance before the court 75. To ensure the effectiveness and fairness of proceedings and to strengthen the protection of detainees from other violations, such as torture or other ill-treatment, a court should guarantee the physical presence of the detainee before it, in particular 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. This shall be ensured through implementation of the following measures: (a) Any person deprived of his or her liberty, and not only persons charged with a criminal offence, shall enjoy the right to appear promptly before a court in order to challenge the deprivation of liberty and the conditions of detention, including acts of torture and ill-treatment; (b) The court shall ensure that the detainee may communicate with the judge without the presence of any official involved in his or her deprivation of liberty; (c) State authorities having control over the detainee who fail in their obligation to produce without unreasonable delay the detained person before the court, on demand of that person or by court order, should be sanctioned as a matter of criminal and administrative law. Guideline 11 Equality of arms 76. To ensure that the procedure is guided by the adversarial principle and equality of arms, the following conditions shall be guaranteed in all proceedings, whether of a criminal or non-criminal nature: 17