129
E.
F.
Legal defense
1.
An attorney trusted by the detainee or, alternatively, an official public
defender, shall be present in the proceeding regarding any
precautionary measure. This right shall be notified with sufficient time
and in a language that the detainee understands, in order to be able to
prepare his or her defense adequately. To that end, the detainee shall
be notified with sufficient time of the elements that will be used to
request the precautionary measure. In the case of a foreign person, he
or she shall have the right to have the consul of his or her country
notified so that the consul may provide advice and assistance.
2.
Strengthen the systems of public defenders (or legal defense that is
tendered, if such is the case) by devoting priority attention to the
quality and coverage of the service, so that defenders are able to
render prompt and effective service, from the moment of police
apprehension, aimed at protecting the fundamental rights of every
person suspected of or formally charged with the commission of a
crime.
3.
Member States shall provide in their domestic legislation for the
functional, administrative and financial autonomy of the public
defenders’ system, seeking the functional equivalency of the
prosecutors’ office, and the job stability of public defenders. The
public defenders’ office should have the same institutional capacity to
manage proceedings as the prosecutor’s office.
4.
Guarantee the procedural principle of equality of arms between the
public defender (or legal defense that is tendered, when such is the
case) and the prosecutor. Particularly, with regards to aspects such as
the capacity to act, present and produce evidence, States shall
guarantee access to the files and to the information contained in the
investigation.
Independence of the justice authorities (or “justice operators”)
1.
Adopt the legislative, administrative and institutional measures
needed to guarantee the maximum possible independence and
impartiality of the court authorities charged with making decisions
pertaining to the use of pretrial detention, so that they are able to
perform their functions without any type of interference.
2.
Officials of other branches of government should refrain from issuing
public opinions critical of prosecutors, judges and public defenders for
decisions taken regarding the application of pretrial detention, even
when those opinions do not amount to a crime or violation under
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