A/HRC/30/37 (a) Full and complete access by detainees and their legal counsel to the material related to the detention or presented to the court, as well as a complete copy of them; (b) The ability of detainees to challenge any documents relating to their case file, including all the arguments and material elements adduced by the authorities, including the prosecution, the security apparatus and the immigration authorities, to justify the detention, which may be determinative in establishing the arbitrariness and lawfulness of his or her detention. Guideline 12 Admissibility of evidence obtained by torture or other prohibited treatment 77. Any statement established to have been made or any other evidence obtained as a result of torture or other cruel, inhuman or degrading treatment shall not be invoked as evidence in any proceedings, except against a person accused of torture or other prohibited treatment as evidence that the statement was made or that other such acts took place. Guideline 13 Disclosure of information 78. The detaining authority shall provide all relevant information to the judge, the detainee and/or his or her lawyer. Disclosure is to include exculpatory information, which includes not only information that establishes an accused person’s innocence but also other information that could assist the detainee, for example, in arguing that his or her detention is not lawful or that the reasons for his or her detention no longer apply. 79. Sanctions, including criminal penalties, shall be imposed on officials who withhold or refuse to disclose information relevant to the proceedings or who otherwise delay or obstruct proceedings. 80. The disclosure of information may be restricted only if the court concludes that: (a) A restriction on disclosure is demonstrated to be necessary to pursue a legitimate aim, such as protecting national security, respecting the rights or reputation of another individual or protecting public order, health or morals, as long as such restrictions are non-discriminatory and consistent with relevant standards of international law; (b) It has been demonstrated that less restrictive measures would be unable to achieve the same result, such as providing redacted summaries of information that clearly point to the factual basis for the detention. 81. Any proposed restriction on the disclosure of information is to be proportionate. An assessment of proportionality requires a balance between how well the non-disclosure protects the legitimate aims being pursued and the negative impact that this will have on the ability of the person to respond to the case or to pursue a challenge to the arbitrariness and lawfulness of detention. If a less restrictive measure is able to achieve the legitimate aim, the more restrictive measure is to be refused. 82. If the authorities refuse to make the disclosure and the court does not have the authority to compel such a disclosure, the court must order the release of the person detained. Guideline 14 Burden of proof 83. 18 The State authorities shall establish before the court that:

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