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A practical guide to the Istanbul Protocol – for lawyers
authority and not under the same governmental authority as the police or prison sys39
tem. Similarly, the European Committee for
the Prevention of Torture has stressed that
detainees should have the right to access
independent doctors, and should be medically examined by qualified doctors upon
entering and leaving detention facilities as
well as upon request without undue outside
interference, such as presence of police officers.40 Regional human rights courts such
as the European Court of Human Rights and
international bodies such as the UN Com-
mittee against Torture have also clarified
the scope of these standards in their jurisprudence.41
• Identify the level of responsible
authority where the denial of access originates
• Rezone access with officials at
the place of detention and where
that fails to request authorisation
from the next level of responsibility, up to ministerial level
• Make written interventions with
those in charge at specific places of detention requesting to be
informed of existing custodial
safeguards, and if no response
is obtained, make a written intervention with the next level of
responsibility and seek judicial
review where interventions are
met with administrative silence
• Ensure that authorisations of access are in writing and that officials at the place of detention are
notified of the authorisation
• Challenge any decision that denies access to the detainee based
on the fact that access has been
given to another lawyer (that is
not the detainees choice)
• When direct interventions with
the relevant authorities fail, contact the court or judge responsible and any other body that may
be capable of influencing the
situation and obtaining access,
such as national human rights
commissions, national visiting
preventative mechanisms, parliamentarians, ombudspersons
• Also inform international and
regional mechanisms, giving as
many details about the place of
detention as known (see Section
I.1 of the Annex and Section V,
Part B in this guide)
• Seek provisional measures before
courts or administrative bodies
on appropriate procedural requirements that should be applied when someone is detained.
It is also possible to seek interim
measures from regional and international human rights bodies
• Seek assistance from international campaigning organisations
like Amnesty International or the
World Organisation Against Torture.
c. Action at the national level to
gain access to places of detention
when access is denied
Practical approaches that can be taken where
national authorities deny detainees access
to a lawyer of their own choice include:
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