385. Accused persons are to be provided with adequate time and facilities to communicate and consult with their attorney for the preparation of their defence.949 To facilitate the exercise of this right, states should ensure attorney’s ability to travel and to consult with the accused freely, including abroad.950 International bodies and experts have reiterated on numerous occasions that it is essential to ensure that attorneys can meet with their clients in private, and communicate with them in full confidentiality.951 Monitoring of communications is to remain exceptional and assessed on a case-by-case basis.952 Whereas attorney-client meetings may be within sight, they should never be within the hearing of law enforcement officials.953 In this regard, it has been recommended that attorneys’ files and documents be protected from seizure and inspection by law and in practice, and that their electronic communications be free from interception.954 According to the Special Rapporteur on human rights and counter-terrorism, safeguards need also to be in place to ensure that any information that is subject to attorney-client privilege cannot be deliberately or inadvertently used by the prosecution.955 Furthermore, attorneys should be able to carry out their functions without “restrictions, influence, pressure or undue interference from any quarter”.956 386. The Human Rights Committee has clarified that the right to have adequate facilities for the preparation of a defence encompasses access to documents and other evidence, in particular all exculpatory material and other materials that the prosecution intends to offer in court against the defendant.957 Exculpatory material includes material establishing a defendant’s innocence but also any other evidence which may assist the defence, such as indications of a coerced confession or information that may be relevant to sentencing.958 If a defendant alleges that evidence was obtained through torture or ill-treatment, information on the circumstances in which it was obtained must be provided.959 949 ICCPR, Art. 14(3)(d); UN HRC, General Comment No. 32, op. cit., note 648, para. 32; “Body of Principles”, op. cit., note 89, Principle 18. 950 “Basic Principles on the Role of Lawyers”, op. cit., note 939, Principle 16. 951 UN HRC, General Comment No. 32, op. cit., note 648, para. 34; “Standard Minimum Rules for the Treatment of Prisoners”, op. cit., note 280, Rule 93; “Body of Principles”, op. cit., note 89, Principle 18; “Basic Principles on the Role of Lawyers”, ibid., Principles 8, 22; OSCE “Brussels Declaration on Criminal Justice Systems”, op. cit., note 550; UN Special Rapporteur on the independence of judges and lawyers, Report to the General Assembly, A/68/285, op. cit., note 647, para. 78; UN Special Rapporteur on torture, Interim report to the General Assembly, A/68/295, op. cit., note 304, para. 74; UN Special Rapporteur on human rights and counter-terrorism, Martin Scheinin, Report to the Human Rights Council, A/HRC/13/37/Add.2, 14 October 2009, para. 36, <http://www.ohchr.org/EN/Issues/Terrorism/Pages/Visits.aspx>. 952 UN Special Rapporteur on human rights and counter-terrorism, Report to the General Assembly, A/63/223, op. cit., note 55, para. 39. 953 Ibid.; “Body of Principles”, op. cit., note 89, Principle 18; “Standard Minimum Rules for the Treatment of Prisoners”, op. cit., note 280, Rule 93; “Basic Principles on the Role of Lawyers”, op. cit., note 939, Principle 8. 954 UN Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Report to the General Assembly, A/64/181, 28 July 2009, para. 110(b), <http://www.ohchr.org/Documents/Issues/IJudiciary/A-64-181.pdf>. 955 UN Special Rapporteur on human rights and counter-terrorism, Report to the General Assembly, A/63/223, op. cit., note 55, para. 39. 956 UN HRC, General Comment No. 32, op. cit., note 648, para. 34. See, also, “Basic Principles on the Role of Lawyers”, op. cit., note 939, Principle 16; UN Special Rapporteur on the independence of judges and lawyers, Report to the General Assembly, A/64/181, op. cit., note 954, para. 108. 957 UN HRC, General Comment No. 32, ibid., para. 33. See, also, OSCE “Brussels Declaration on Criminal Justice Systems”, op. cit., note 550: “Lawyers (…) should have access to all relevant evidence and records”. 958 UN HRC, General Comment No. 32, ibid. 959 Ibid. 169