FACTSHEET an effective complaint, and to prevent impunity. To this end, prisoners should have a right to be examined by a doctor of their choice.31 communicate with a counsel of their own choosing34 – without delay, interception or censorship and in full confidentiality.35 If staff presence is claimed to be required for security reasons, consultations may be within sight, but not within hearing, of prison staff.36 “ Furthermore, access of detainees to legal documents and the right to keep them in their possession, required by Rule 53 of the revised Standard Minimum Rules, is an essential element of access to remedies.37 The revised Standard Minimum Rules also require that untried prisoners be provided with writing material for the preparation of documents related to their defence, including confidential instructions for their legal adviser or legal aid provider.38 The Human Rights Committee has emphasised the need ‘to have suspects examined by an independent doctor as soon as they are arrested, after each period of questioning and before they are brought before the examining magistrate or released. 32 ” For foreign nationals, contact with the diplomatic or consular representation constitutes an important safeguard, in particular as they may not have family contacts they can resort to, and lack knowledge of the local language and legal system.33 Regulations introducing delays in the notification of relatives, as well as legal and practical barriers hindering prisoners’ access to the outside world, should be examined particularly thoroughly. What could monitoring bodies check? • Is there a requirement by law to notify a family member and/or a legal representative of the arrest? • Who is responsible for this notification, and at what point in time after the arrest? • When and how can remand prisoners contact their family/lawyer? Is there a cost to prisoners to exercise this right? • Do independent doctors have access to the place of detention? • Are foreign nationals informed about and given the opportunity to contact their diplomatic or consular representation? 3.8. Lack of access to legal representation Access to lawyers is not only a key safeguard for a fair trial, but also for the prevention of torture and ill-treatment. However, in order for this safeguard to be efficient, pre-trial detainees need to be able to Alongside legal counsel for criminal proceedings, pre-trial detainees must also have access to legal representation in order to exercise their right to complain and appeal effectively in case of torture or other ill-treatment or nonadherence to safeguards on conditions in detention.39 Access to a legal adviser should not require the detainee or the lawyer to disclose the reason for consultation as this would invalidate the safeguard. What could monitoring bodies check? • Are remand prisoners notified of their right to contact a legal adviser? In which language(s) and which formats? • What is the maximum delay provided for in law before an arrestee must be granted contact with a legal representative? Is this observed in practice? • How long is the delay between a remand prisoner expressing the wish to contact his/ her legal adviser and actual access being granted? • Does communication with legal counsel take place without interception or censorship and in full confidentiality? • Do remand prisoners and their legal representatives have access to all relevant legal documents? How is this access exercised in practice? • Can remand prisoners keep legal documents in their cell or somewhere else where they can access them? • Do prisoners have to disclose a reason for wanting to see their legal representative? 31. Rule 118 of the revised Standard Minimum Rules state that ‘An untried prisoner shall be allowed to be visited and treated by his or her own doctor or dentist if there are reasonable grounds for the application and he or she is able to pay any expenses incurred’. 32. UN Human Rights Committee, Concluding observations on Switzerland, 1996, CCPR/C/79 Add. 70. 33. Revised Standard Minimum Rules, Rule 62. 34. Article 14 (3b), International Covenant on Civil and Political Rights (ICCPR), revised Standard Minimum Rules, Rule 120 (1) and 61 (4). 35. Principle 22, UN Basic Principles on the Role of Lawyers, revised Standard Minimum Rules, Rule 120 (1) and 61 (4). 36. Revised Standard Minimum Rules, Rule 120 (1) and 61 (4). 37. UN Human Rights Committee, General Comment No. 3 on Article 14; Rule 23(6) of the European Prison Rules. 38. Revised Standard Minimum Rules, Rule 120 (2). 39. Revised Standard Minimum Rules, Rule 61. Penal Reform International | Pre-trial detention: Addressing risk factors to prevent torture and ill-treatment |7