The UN Basic Principles on the Role of Lawyers envisage everyone’s right to be assisted by a lawyer of their own choice for protecting their rights and for preparing the defence at all stages of criminal proceedings. Immediately upon arrest all persons should be forthwith informed by the competent authority about this right. Anyone without access to a lawyer of their own choice should be entitled, in all cases in which the interests of justice so require, to have a lawyer assigned to them by a judicial or another body, free of charge if they lack sufficient financial resources to pay for such services.72 The UN Basic Principles on the Role of Lawyers also envisage the right of an arrested individual or those taken into custody to communicate and consult with a lawyer for a sufficient amount of time and in conditions to meet with their lawyer without censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials. 73 The Constitution of the Kyrgyz Republic guarantees everyone’s right to receive qualified legal assistance at the expense of the state in the cases prescribed by law.74 An investigator who is in charge of a criminal case is entitled to provide a defence attorney to participate in criminal proceedings, and as regards those who have the right to legal assistance at the expense of the state, to demand that a defence attorney be assigned from competent public officials who are responsible for providing legal assistance guaranteed by the state.75 According to the CPC KR, a defence lawyer should be involved in the case from the moment of the first interrogation of a suspect (or a person charged with committing an offence) or from the moment of their actual detention.76 At the same time, a defence lawyer is obliged to use all remedies prescribed by law for purposes of detecting and providing evidence that can justify a suspect or mitigate their liability, and to provide them with all necessary legal assistance. 77 A suspect has the right to communicate with their lawyer on an unimpeded basis, without limitations as regards the number and duration of such meetings.78 Almost every fifth respondent covered by the monitoring study and held in closed institutions reported that their defence lawyer did not participate at the investigation stage or that they did not have a lawyer at all. Diagram 24. Participation of defence lawyers during investigation 72 UN Basic Principles on the Role of Lawyers, Principles 5-6. UN Basic Principles on the Role of Lawyers, Principle 8. 74 Constitution of the Kyrgyz Republic, Article 40, para. 3. 75 CPC, Article 36, Section 1, para. 12. 76 CPC, Article 44, Section 3. 77 CPC, Article 48, Section 2. 78 CPC, Article 40, 42. 73 63