A/HRC/20/19 The role of prosecutors in relation to lawyers 44. The right to legal assistance should be available at all stages of the proceedings, including during the pretrial stage. All persons who are arrested, detained or imprisoned should be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, 14 without delay, interception or censorship and in full confidentiality.15 Prosecutors must make every effort to safeguard these rights.16 The United Nations Guidelines stress the importance of cooperation between prosecutors, the legal profession and public defenders. 17 45. This relationship is especially important in cases where prosecutors assume a more significant role in the investigatory proceedings. Prosecutors who are involved in an investigation from the outset should ensure that the rights of defence are fully respected. During the investigation, and in particular when gathering evidence, prosecutors should at all times respect the principle of professional privilege. This principle protects the confidentiality of all communication between the lawyer and the client, and requires that such communication not be used as evidence, and that all consultations between the accused and his/her lawyer are held in private.18 46. Another important safeguard of a fair trial is equality of arms, which requires procedural equality between the prosecution and the defence.19 The role of prosecutors in relation to individuals 47. Prosecutors also have an important role in protecting the rights of victims, accused persons and witnesses. They must ensure discontinuation of prosecution when the investigation shows the charge to be unfounded. 20 Furthermore, prosecutors need to be alert to evidence “obtained through recourse to unlawful methods,” in which case they “should take all necessary steps to ensure that those responsible are brought to justice.” 21 48. With regard to victims and witnesses, prosecutors shall take their interests into account and take measures, where necessary, to protect their security and privacy. The United Nations Guidelines enshrine several duties that prosecutors have vis-à-vis victims, including ensuring that they are informed of their rights in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. 22 Prosecutors should also take into account, when relevant to their decision, the position of the victims as well as their views and concerns, when their personal interest is affected. 14 15 16 17 18 19 20 21 22 10 “Lawyers” are understood as being private lawyers and/or public defenders and not prosecutors. See Basic principles on the role of lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, para. 8. The Human Rights Committee has emphasized that it is axiomatic that effective legal assistance be provided at all stages of legal proceedings, and especially in capital punishment cases, see communications No. 731/1996, Robinson v. Jamaica; No. 781/1997, Aliev v Ukraine; No. 775/1997, Brown v. Jamaica. United Nations Guidelines (see footnote 3 above), para. 20. See, for instance, Basic principles on the role of lawyers, paras. 8 and 22. See International Covenant on Civil and Political Rights, art. 14, para. 3 (b); American Convention on Human Rights, art. 8, para. 2 (c); European Convention on Human Rights, art. 6, para. 3 (b). United Nations Guidelines, para. 14. Ibid., para. 16. This is also emphasized in art. 15 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states that “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings”. United Nations Guidelines, para. 13 (d).