E/CN.4/1999/63/Add.2 page 26 6. The right to be brought promptly before a judge or other officer authorized by law and to be informed of the nature and cause of the charge 139. The contents of paragraphs 71 and 93 (c) have led the Working Group to conclude that the time it takes before persons are brought before a judge is not compatible with the idea of “promptly”, as provided for in article 9, paragraphs 2 and 3, of the International Covenant on Civil and Political Rights. 140. The Working Group was also informed of cases such as that of Alfredo Carrillo, a minor who was held by DINCOTE from 10 January to 18 February 1993 (Opinion No. 13/1995). 7. The right to be released on bail 141. The situations described in paragraphs 52, 80 and 81 and the relevant provisions of Legislative Decree No. 895 of 1978 are not consistent with article 14 of the Covenant (pre-trial detention should be the exception, but release may be subject to guarantees to appear for trial). 8. The right to have adequate time and facilities for the preparation of one's defence and to communicate with counsel 142. Article 14, paragraph 3 (b), of the Covenant, the Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Prisoners in Havana in 1990 and principles 7 and 8 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment seem to be seriously undermined, as shown by paragraphs 73, 76, 77, 85 and 93 (i), although the initial harshness was eliminated as a result of the adoption of Act No. 26.447. The prohibition on defence lawyers defending more than one person at a time was also repealed on 25 November 1993. 143. In Opinion No. 13/1995, concerning the case of the minor Alfredo Carrillo, the Working Group noted that the accused had had no defence and, even though the lawyer had been present during the interrogation, he had been totally passive and did not participate in any other part of the proceedings. 144. In 1994, the DINCOTE Anti-Terrorism Security System Headquarters asked the Bar Association of Piura for information on 260 lawyers, many of them outstanding human rights defenders, allegedly as part of an investigation into the illegal practice of the law by those lawyers. NGOs have argued that, if that were so, it did not explain why so many of the persons under investigation were defenders of so-called terrorists or why this was of concern to the intelligence unit. The report of the Special Rapporteur on the independence of judges and lawyers (paras. 125 and 126) mentioned other cases of harassment of lawyers. 145. The Working Group interviewed lawyers arrested in November 1997 on charges of treason. They said that the only charge that might cause them

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