CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE continued RIGHT OR ISSUE 11 11 UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS c ounsel and legal aid, right to Art. 14(3)(d) ICCPR Right to defend himself in person or through legal assistance …; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require … Safeguards: Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to investigate the extent to which legal aid is available, especially for vulnerable groups. E.g. “mapping” of legal aid systems, formal and informal, in the country; preparation of accessible and relevant legal aid manuals; training of legal aid lawyers on human rights; linking NHRIs with judicial reform efforts and sectoral reform initiatives from other donors. s elfincrimination, protection against Art. 14(3)(g) ICCPR Safeguards: 11 11 A Legal Aid system and/ or state funded counsel in appropriate cases. Confessions made to law officers are inadmissible unless in immediate presence of a Magistrate. Limits/Violations: 11 11 11 LIFE, right to Art. 6(1) ICCPR Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Admissibility of confessional evidence or incriminatory statements in any circumstances. Persons of interest are forced to answer police questions and are not permitted to exercise a right to remain silent. Reversals of the burden of proof. Safeguards: 11 Prohibitions against corporal punishment, abolition of death penalty; criminalisation of torture; right to seek pardon. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to report systematically on criminal procedure issues, notably as regards convictions secured through confessions. E.g. Documenting case; support NHRI efforts to secure amendments to laws that infringe the right not to selfincriminate or that result in reversals of the burden of proof. Support a “Gap analysis”: preparation of documentation comparing domestic law and practice with international standards. Ensure that the NHRI understands its responsibilities with regard to the right to life and advise them on possible activities/best practices. E.g. “Gap analysis”: Support the preparation of documentation comparing domestic law and practice with international standards. Provide NHRI with the necessary technical assistance, specialised training, expertise, and material support to use its promotional programmes to educate the public and key stakeholders on the merits of the abolition of the death penalty. The UNCT can support the general discussion and debate by holding seminars, workshops, etc on issues using and showcasing NHRI findings and information as a springboard. 73