PART B – International standards in the Istanbul Protocol
interception or censorship and in full confidentiality.
The UN Body of Principles for the Protection
of All Persons under Any Form of Detention or
32
Imprisonment (UN Body of Principles on Detention) also stipulates the right to consult
and communicate, without delay or censorship and in full confidentiality, with legal
counsel (save in exceptional circumstances,
to be specified by law or lawful regulations,
when it is considered indispensable by a judicial or other authority in order to maintain
security and good order). The UN Special
Rapporteur on Torture, stresses that access
to a lawyer should be prompt and that the
lawyer should be independent from the State
apparatus. Exceptionally, where it is contended by national authorities that prompt
contact with a particular lawyer might raise
genuine security concerns and where restriction of such contact is judicially approved,
the detainee should be permitted to meet
with an independent lawyer, such as one
recommended by a bar association.33
Importantly, the Basic Principles on Lawyers
also specify that governments should guarantee that “persons who exercise the functions of a lawyer without having the formal
status of lawyers” benefit from the same
legal protections as lawyers. In this sense,
members of human rights organisations that
are representing the interests of a detainee
should also have access, independent of
their qualification as lawyers.
b. International standards on the
right of detainees to access a
doctor
The UN Special Rapporteur on Torture considers that a prompt and independent medical examination upon a person’s admission
to a place of detention constitutes one of the
basic safeguards against torture and other
forms of ill-treatment.34 In accordance with
international human rights instruments,
19
such as the UN Code of Conduct for Law Enforcement Officials,35 the UN Special Rapporteur on Torture considers that the health
of detainees should be ensured during the
whole period of detention.
The UN Standard Minimum Rules for the
36
Treatment of Prisoners (UN Rules for the
Treatment of Prisoners) and the UN Body of
Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment37 (UN Body of Principles on Detention)
provide a set of medical safeguards for detainees, and stipulate that a medical examination shall be offered to a detainee promptly after their detention and that free medical
care should be provided to detainees whenever necessary. All medical examinations of
detainees should be conducted out of the
hearing of law enforcement officials and,
unless the doctor concerned requests otherwise, out of the sight of these officials. The
UN Body of Principles on Detention stipulate
that a detainee, or his lawyer, will have the
right to petition a judicial or other competent national authority for a second medical
examination or opinion.
The Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment
in Africa (Robben Island Guidelines),38 oblige
States to “establish regulations for the treatment of all persons deprived of their liberty
guided by the UN Body of Principles for the
Protection of All Persons under Any Form of
Detention or Imprisonment.” Principle 25 of
the UN Body of Principles on Detention provides that “a detained or imprisoned person
or his counsel shall, subject only to reasonable conditions to ensure security and good
order in the place of detention or imprisonment, have the right to request or petition a
judicial or other authority for a second medical examination or opinion.”
The UN Special Rapporteur on Torture has
specified that the forensic medical services
should be under judicial or an independent
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