A/HRC/39/45 provide consular rights, contrary to international standards. 7 In the majority of these cases, the right to consular assistance has been discussed along with the right to access to a lawyer under category III (violations of fair trial and due process). The Working Group has also made it clear that consular protection entails a duty to inform not only the State officials, but also the family,8 and that consular access means “confidential consular assistance”.9 55. There is also a link between torture and consular assistance and diplomatic protection, in terms of prevention, when there is a risk of violations occurring and as a form of redress when violations have already occurred. While responsibility for torture and illtreatment rests with the detaining State, it should also be emphasized that consular assistance and diplomatic protection provide sending States with important tools to prevent and redress torture and ill-treatment where it occurs. 56. Consular assistance is a crucial instrument for protecting detainees from torture and ill-treatment, in particular in a context where foreign nationals are being suspected of and being detained because of alleged crimes against the State, such as terrorism, espionage or treason. While detainees are generally vulnerable to torture and ill-treatment, this vulnerability is increased in cases of detention abroad, where detainees may not understand the language, have no contacts and not be familiar with the country’s legal system and traditions. Consular rights, such as the right to be informed about such rights at the moment of arrest, the right to private access by consular officials and the right to legal representation, are key to preventing torture and ill-treatment. Conversely, where such rights are not provided, or are being delayed, there is an increased risk of torture and illtreatment. 57. The Working Group has found that non-national defendants and detainees are particularly vulnerable to violations of the right to a fair trial. 10 Access to the outside world, including through consular visits, is an important component in securing a fair trial for detainees. In respect of foreign nationals detained abroad, a meeting with a consular official may constitute the only avenue for the detainee to be informed about how to exercise his or her fair trial rights, for instance the right to habeas corpus 11 and the right to effective access to a lawyer. Consular assistance can thus contribute to a fair trial by providing detainees with effective access to a lawyer, to ensure the provision of exculpatory evidence, for example that the detained national was not involved in a particular criminal offence, to monitor trials through regular and comprehensive trial attendance, and to ensure the provision of evidence on past good character when it comes to sentencing. Consular assistance and/or diplomatic protection can thus have a significant impact on an individual who is arbitrarily detained abroad, as such instruments can secure the release and return of individuals, and prevent unfair trials and torture and ill-treatment. 58. The Working Group plans to continue to raise and integrate issues relating to consular assistance and diplomatic protection in the context of its opinions and recommendations, its country visits and its follow-up procedure. B. Linkages between arbitrary detention and instances of torture and illtreatment 59. Since its inception, the Working Group has been increasingly mindful of the links that exist between situations of arbitrary detention and instances of torture and ill-treatment. 7 8 9 10 11 See, inter alia, opinions Nos. 89/2017, 45/2017, 7/2017, 56/2016, 53/2016, 28/2016, 16/2016, 12/2016, 56/2015, 54/2015, 51/2015, 44/2015, 2/2015, 50/2014, 37/2014, 22/2014, 15/2014, 57/2013, 38/2013, 30/2013, 28/2013, 18/2013, 10/2013, 69/2012, 40/2012, 21/2012, 52/2011, 45/2011, 2/2011, 31/2010, 23/2010, 2/2010, 4/2009, 3/2009, 2/2009, 30/2008, 8/2007, 9/2007, 34/2000 and 25/2000. See opinion No. 12/2016. See opinion No. 45/2017. See footnote 16 above. See 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, A/HRC/30/37, guideline 21, para. 110. 27