5. CONTACT WITH THE OUTSIDE WORLD 103 The UN Legal Aid Principles and Guidelines also state that authorities should establish effective remedies and safeguards that apply if access to legal aid is undermined, delayed or denied, or if detainees have not been adequately informed of their right to legal aid. Ensuring access to legal advice, representation and legal aid The requirement to promptly inform untried prisoners of the reasons for their detention and the charges against them is primarily the function of police and judicial authorities. However, prison administrations have an obligation to ensure that prisoners have received this information, and to take action if this is not the case. This might include checking with prisoners on admission that they have been informed of their right to a lawyer and recording their responses. Those who already have a lawyer must be able to inform their lawyer of their situation. 105 Prison authorities should play an active role in making legal advice and representation practically available to all in relation to the case against them, in relation to their treatment, conditions of detention and on any other legal matter. Rule 54(b) requires prison authorities to provide every prisoner with information about her or his rights, including access to legal advice and legal aid.324 Prison officers should inform prisoners of their right to communicate and consult with a legal adviser of their own choosing or a legal aid provider, not only in the context of the criminal procedure, but on any legal matter. Information should be made available not only upon a prisoners' admission, but also throughout the period of imprisonment. Prison officers should also make prisoners aware of the potential consequences if they choose to waive their right to legal representation. 106 While the establishment of legal aid schemes falls to policymakers, prison authorities need to facilitate access to such schemes, including by providing information about them, and enabling prisoners to apply for legal aid through them. 107 In countries where legal aid systems do not exist, or are limited, including in areas of a country where there are no legal aid lawyers, prison authorities should encourage and facilitate communication with others who can provide legal advice, including NGOs. 108 The CPT has emphasized that the “right of access to a lawyer should be enjoyed by everyone who is deprived of their liberty, no matter how ‘minor’ the offence of which they are suspected”.325 109 Prison officials should be proactive in talking to prisoners directly about whether they have legal support, and, if they do not, what additional help they might require to access such support, including the means to contact legal representatives. 110 The procedure for contacting lawyers and legal aid providers should be prominently displayed in areas of the prison where all prisoners can see it. Those who cannot read must be provided with the information in another format. 111 In order to analyse the availability and accessibility of legal support, it is good practice for prison administrations to collect information on how many prisoners are represented by lawyers, including legal aid providers.326 Such information is useful for policymakers to analyse gaps in legal support, including whether legal assistance is equally available to women, children and other groups. The data could also provide useful information on the availability of legal services in rural, remote and economically and socially disadvantaged areas of the country, and can better inform policy-making and planning in relevant ministries. 5 104 134 324. For more information on legal aid, see: Global Study on Legal Aid, UNODC and UNDP, October 2016; and Model Law on Legal Aid in Criminal Justice Systems with Commentaries, UNODC, March 2017. 325. 21st General Report, CPT, op. cit., note 224, para. 20. 326. The Mandela Rules, op. cit., note 1, Rule 8 (a): states that ‘Information related to the judicial process, including dates of court hearings and legal representation’ should be entered in the prisoner file management system. Guidance document on the Nelson Mandela Rules

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