CAT/C/75
page 70
and the persons whose testimony he puts forward are present where the
investigation is being conducted; when evidence proposed by the accused or his
defence counsel cannot be produced, the court shall rule on the admissibility and
examination thereof;
The right to be granted release on bail as soon as he requests it, in accordance
with article 20, paragraph I, of the Constitution and article 35, second paragraph,
of the present Code;
For the purposes of paragraphs (b) and (c), the accused shall be permitted to
communicate with anyone he wishes, by telephone, by any other means
of communication available, or in person, if the individuals in question are
present;
The case file shall record that the accused was informed of the above rights;
“IV.
If the detainee is indigenous or foreign or does not speak or understand
Spanish well enough, he shall be assigned an interpreter who shall inform him of the
rights referred to in the paragraph above. If the detainee is a foreigner, notice of
his detention shall immediately be given to the appropriate diplomatic or consular
office;
“V.
cases.”
Men and women shall be held separately in places of detention in all
In interpreting the scope of this provision, the courts of the Federal judiciary have taken the view
that defence counsel must be appointed when the suspect is first detained.64
326. In this connection, the Federal judiciary has pointed out in a number of judgements that a
necessary consequence of the obligation incumbent on the authorities is that, while the
authorities are bound to appoint counsel for a suspect as soon as he is at their disposal, he
himself also has an obligation to insist that his right should be respected.65
327. With regard to the right of indigenous persons to have the assistance of an interpreter and
defence counsel, article 2 of the Constitution provides that “indigenous persons shall at all times
have the right to be assisted by interpreters and defence counsel conversant with their language
and culture”. The right to have an interpreter is also provided for in the Federal Penal Code, in
most local legislation and in other secondary legislation.
328. The judicial authorities are making various efforts and resorting to different strategies to
give effect to this provision. For example, the Federal agrarian courts have an interpreter
training programme and a roster of people who speak a number of languages. In other cases, the
National Indigenous Institute helps the courts by putting them in contact with or sending them
interpreters. Family members of the accused may also be called on to help in pressing cases.
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