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Part 3
Ethics exhorts the police to “respect the role of defence lawyers in the criminal justice process and, whenever appropriate, assist in ensuring the right
of access to legal assistance effective, in particular with regard to persons
deprived of their liberty”.108
In order to guarantee this effective access, governments should ensure that
lawyers are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference.
In particular:
•
Lawyers should not suffer or be threatened with prosecution or
administrative, economic or other sanctions for any action taken in
accordance with recognized professional duties, standards and ethics;
•
Where the security of lawyers is threatened as a result of discharging
their functions, they should be adequately protected by the authorities;
and
•
Lawyers should not be identified with their clients or their clients’ causes
as a result of discharging their functions.109
3.4.5 Obligation to Secure Medical Attention
The obligation to secure medical attention is an important safeguard for
both the detainee and the police. Police have a duty to provide care to everyone in their custody. When the state deprives a person of liberty, it assumes
responsibility to maintain that person’s safety and physical integrity, and to
safeguard his or her welfare, from the very outset of custody. If any detainee
appears to be ill, injured or otherwise in need of medical attention and treatment, a doctor, whose gender is preliminarily agreed upon by the detainee,
should be summoned, or the detainee should be taken to a hospital as soon
as possible. Failure to provide proper medical care could leave the police
open to allegations of breaching the prohibition on ill-treatment.
108 Council of Europe, Committee of Ministers Recommendation Rec(2001)10 on the
European Code of Police Ethics, Strasbourg, 19 September 2001, para. 10, <https://wcd.
coe.int/ViewDoc.jsp?id=223251>.
109 Basic Principles on the Role of Lawyers, op. cit., note 106, para. 18; and OSCE Brussels
Document, op. cit., note 91.
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