G. Access to counsel
The UN and regional systems all emphasize the right of access to counsel.
United Nations
The Human Rights Committee has addressed the question of access to counsel with
respect to pre-trial and administrative detention:
The Committee notes with concern that, under the general Terrorism Act 2000,
suspects may be detained for 48 hours without access to a lawyer if the police
suspect that such access would lead, for example, to interference with evidence
or alerting another suspect. Particularly in circumstances where these powers
have not been used … for several years, where their compatibility with articles
9 and 14, inter alia, is suspect, and where other less intrusive means for
achieving the same ends exist, the Committee considers that the State party has
failed to justify these powers.
--CCPR/CO/73/UK, para. 13 (2001).
*****
The Committee regrets that legal assistance and advice may not be available
until a person has been charged…. Steps should be taken to … ensure that all
criminal procedures are brought into compliance with articles 9 and 14 of the
Covenant.
--A/55/40, paras.422-451 (2000).
*****
The Committee is concerned that the accused has no right to contact a lawyer
during the initial 72 hours of detention in police custody.
--CCPR/C/79/Add.80, para. 23 (1997).
European Court of Human Rights
The Court … notes that the applicant was not tried by an independent and
impartial tribunal, was not assisted by his lawyers when questioned in police
custody, was unable to communicate with them out of hearing of third parties
and was unable to gain direct access to the case file until a very late stage in the
proceedings. Furthermore, restrictions were imposed on the number and length
of his lawyers' visits and his lawyers were not given proper access to the case
file until late in the day. The Court finds that the overall effect of these
difficulties taken as a whole so restricted the rights of the defence that the
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