Ghana: civil society organisations providing legal assistance
To assist with the provision of legal advice to foreign nationals, civil society organisations, such as the Human
Rights Advocacy Centre and the Legal Resources Centre, provide assistance in the form of legal aid for refugees
and asylum-seekers in certain circumstances.
Hong Kong SAR (China): free of charge legal representation and Duty Roster Service
In Hong Kong, Special Administrative Region, China, publicly funded legal assistance is available to all individuals
claiming protection against refoulement, including on the grounds of a risk of torture or other ill-treatment.
Those wishing to receive free legal assistance have to declare that they are without means to pay for legal
representation. The service is completely free of charge. Through the Duty Lawyer Service, lawyers who have
received training on handling torture claims are on a roster to provide legal assistance to claimants throughout the
entire process, including in completing the claim form; attending the interview; and, where the lawyer assisting
the claimant is of the view that an appeal is meritorious, in lodging an appeal and attending the appeal hearing, if
any.
Consular access, or access to UNHCR and other organisations
For non‑nationals or dual nationals held in detention facing extradition or other forms of involuntary transfer,
enabling contact with their embassy or consular post is a fundamental right (Article 6(3), UNCAT). For asylumseekers, refugees and stateless persons who are not able nor wish to seek consular assistance from their own
country, it has been found useful to include specific provisions within national legislation or regulations granting
officials of the Office of the UNHCR – tasked with an international protection mandate for asylum-seekers,
refugees and stateless persons – access to persons in detention at risk.
Jordan: Memorandum of Understanding allows UNHCR access to asylum-seekers
Under the terms of its Memorandum of Understanding with Jordan, UNHCR is given access to asylum-seekers in
detention.
Slovenia: brochure informing detainees of their rights
In Slovenia, all detained persons are provided with a copy of a brochure informing them of their legal right to
access a doctor, a lawyer, a family member and consular assistance in cases of foreign nationals. The brochure,
published in 22 languages, is also available electronically.
“
[...] it is obvious that notification of one’s right to contact the consular agent of one’s country will
considerably enhance one’s chances of defending oneself and the proceedings conducted in the
respective cases, including the police investigations, are more likely to be carried out in accord with
the law and with respect for the dignity of the human person.”
Inter-American Court of Human Rights, Advisory Opinion OC-16/99
of 1 October 1999, requested by the United Mexican States, para. 121.
TOOL: Non-refoulement procedures and safeguards
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