14
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
a prohibition on conducting procedural actions, release from detention,
exclusion of evidence, judicial review and compensation;
(f) Means of verification that a person has actually been informed
are put in place.
Guideline 3. Other rights of persons detained, arrested, suspected or
accused of, or charged with a criminal offence
43.
States should introduce measures:
(a) To promptly inform every person detained, arrested, suspected or
accused of, or charged with a criminal offence of his or her right to remain
silent; his or her right to consult with counsel or, if eligible, with a legal
aid provider at any stage of the proceedings, especially before being
interviewed by the authorities; and his or her right to be assisted by an
independent counsel or legal aid provider while being interviewed and
during other procedural actions;
(b) To prohibit, in the absence of any compelling circumstances, any
interviewing of a person by the police in the absence of a lawyer, unless
the person gives his or her informed and voluntary consent to waive the
lawyer’s presence, and to establish mechanisms for verifying the voluntary
nature of the person’s consent. An interview should not start until the legal
aid provider arrives;
(c) To inform all foreign detainees and prisoners in a language they
understand of their right to request contact with their consular authorities
without delay;
(d) To ensure that persons meet with a lawyer or a legal aid provider
promptly after their arrest in full confidentiality; and that the confidentiality
of further communications is guaranteed;
(e) To enable every person who has been detained for any reason to
promptly notify a member of his or her family, or any other appropriate
person of his or her choosing, of his or her detention and location and of
any imminent change of location; the competent authority may, however,
delay a notification if absolutely necessary, if provided for by law and if
the transmission of the information would hinder a criminal investigation;
(f) To provide the services of an independent interpreter, whenever
necessary, and the translation of documents where appropriate;
(g) To assign a guardian, whenever necessary;