A/68/295 people with psychosocial or intellectual disabilities to exercise their legal capacity on an equal basis with others (see arts. 12 and 13). Right of access to legal representation 73. Prompt access to legal counsel during the initial stage of detention, if necessary through legal aid, constitutes an essential safeguard against torture and other ill-treatment (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, para. 8). The absence of access to legal representation in the immediate aftermath of arrest and during interrogation make the extraction of a confession or other incriminating evidence the most expeditious means of “solving” a case. Regrettably, access to legal counsel during the initial stage of arrest is not often provided. Where it is available, free legal service exists only as a formality and falls short of providing substantial protection (A/HRC/13/39/Add.5, paras. 104 and 106). 74. The Special Rapporteur notes that Rule 93 does not specify that legal counsel should be granted immediately, without delay, upon apprehension. 12 Rule 93 should ensure that all persons detained, arrested or imprisoned, suspected or accused, or convicted (including death row inmates), and at all stages of the criminal justice process, including whenever there is a complaint of torture or other ill-treatment, are provided with prompt, independent and effective legal representation of the detainee’s own choosing, if available, and otherwise at the State’s expense. Such access must be granted without delay, interception or censorship and in full confidentiality (see the United Nations Principles and Guidelines on Access to Legal Aid, principles 3, 7 and 12, and the Body of Principles, principle 18). 75. Rule 37 should further ensure that all persons deprived of liberty are provided with adequate opportunities, sufficient time and the facilities needed to communicate and consult with legal counsel (see the Basic Principles on the Role of Lawyers, para. 8). Denial of legal representation shall be subject to independent review without delay (see the United Nations Principles and Guidelines on Access to Legal Aid, principle 9). Appropriate means, such as telephones, should be made available in all places of deprivation of liberty. Special measures should be taken to ensure meaningful access to legal representation and assistance for persons belonging to groups with particular needs and heightened vulnerability to ill-treatment (principle 10). Complaints and independent oversight 76. During country visits, the Special Rapporteur has often criticized the lack of internal complaints bodies sufficiently detached from the authority alleged to have perpetrated the ill-treatment to be deemed impartial. In many States, these mechanisms lack independence and effectiveness. Complaints submitted by detainees are often dismissed as fabricated for the purpose of evading justice or as lacking credibility. 77. The Special Rapporteur recalls that the perceived fairness of a complaints system is indeed fundamental to its effectiveness in combating impunity and __________________ 12 13-42285 One practical measure that could be taken is the installation of prosecutors’ and public defenders’ offices in the immediate vicinity of police stations. 19/23