E/CN.4/2000/4/Add.2 page 19 (the central police station in Jakarta) and at Becora prison, Dili, that they had not been apprised of the prolongation of their pre-trial detention by the police or by the public prosecutor. 74. The Working Group considers that the length of the permissible delay before presenting the accused before a prosecutor or a judge represents a violation of the rights enshrined in article 9, paragraph 3, of the International Covenant on Civil and Political Rights and that the relevant provisions of the Indonesian Code of Criminal Procedure should be modified accordingly. Right to legal assistance 75. This is, under the terms of article 11, paragraph 1, of the Universal Declaration of Human Rights, one the guarantees necessary for the defence of the accused and a right explicitly protected by article 14, paragraph 3 (b) and (d), of the International Covenant on Civil and Political Rights. 76. Under article 54 of the Code of Criminal Procedure, every detained person has the right to obtain legal assistance. This assistance is compulsory in the following instances: under article 56, paragraph 1, of the Code of Criminal Procedure, the judicial authorities must appoint a legal representative in cases in which the accused risks the death penalty or a sentence exceeding 15 years, as well as for those who are destitute and cannot afford to pay for legal representation and risk a prison term of five years or more. 77. Many of the detainees interviewed by the delegation confirmed that, de facto, they had not been informed about their right to legal representation. The Group noted that, indeed, many of them - and not only common law prisoners - were uncertain about the meaning of the very term “lawyer”. Many indicated that they had had no legal representation during interrogation and the preliminary investigation, nor during pre-trial detention. Several others indicated that even after they had been taken to the magistrate's court and had requested legal assistance, the authorities denied them access to a lawyer. One of the PRD detainees at Cipinang prison, Mr. Pranowo, claimed that when he had requested legal assistance he had been told that “he did not need any lawyer”. Two other detainees interviewed at Baucau prison, East Timor, claimed that they had been unrepresented throughout their respective trials. The Working Group considers that legal assistance must be made available in such cases. 78. In his meeting with the Group, Xanana Gusmao emphasized the serious violations of the right to a fair trial of which he had been a victim. He recalled that in his defence statement he had indicated: that his representative, Mr. Sudjono, had been appointed by the Military Intelligence Agency; that he wished to be represented by the Legal Aid Foundation of Indonesia (YLBHI); that his letter conferring power of attorney upon YLBHI had been intercepted by the military authorities and that he was forced to withdraw it and to sign a letter appointing Mr. Sudjono as his legal representative instead, in violation of articles 54 and 60 of the Code of Criminal Procedure.

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