A/71/298 invoked the right to assistance of counsel during questioning, a waiver cannot be established by evidence that he or she responded to further questioning in the absence of counsel, even if formerly advised of his or her right to remain silent. In such situations, the interview cannot continue until the assistance of counsel is actualized, unless the interviewee initiates further communication with interviewers (see European Court of Human Rights, Pishchalnikov v. Russia). 73. The right to a lawyer entails the right to meet in private and consult and communicate in full confidentiality before any interview, which is essential to preserve defence rights and enable detainees to raise issues about treatment in custody. 74. The protocol should further provide practical guidance on the role, rights and responsibilities of lawyers in relation to questioning, including, for example, advice on — and a rundown of potential consequences of — exercising the right to remain silent. It must affirm that counsel must be physically present and able to intervene during interviews to protect the interviewee’s rights and ensure fair treatment. Lawyers should be allowed to ask questions, request clarifications, challenge improper or unfair questioning and advise clients without intimidation, hindrance, harassment or improper interference. Lawyers cannot, however, prevent interviewees from answering questions that they wish to answer, reply on the ir behalf or otherwise unduly interfere with questioning. 75. The protocol should contain guidance on the right to free legal assistance. Many States regrettably still lack the resources and capacity necessary to provide legal aid (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). In the absence of a sufficient number of certified lawyers and a full-fledged legal aid system covering all stages of deprivation of liberty, authorities should, as an interim measure, grant detainees the right to have a trusted third party present during questioning during initial custody (see CAT/OP/BEN/1). The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, while asserting that lawyers are the first providers of legal aid, confirm that other stakeholders, including non-governmental organizations, community-based organizations, professional bodies and associations and academic institutions, may step in to fulfil this function. 3. Right to remain silent 76. Persons arrested or detained on criminal charges must be informed of their right to remain silent during questioning by law enforcement in accordance with article 14 (3) (g) of the International Covenant on Civil and Political Rights. This right is inherent to the presumption of innocence and key to torture prevention efforts, given that interviewers respecting this right are unlikely to resort to abusive questioning methods. Suspects must be duly warned, at the beginning of every interview, that their words may be used in evidence against them. Persons ’ willing agreement to provide statements during questioning following this warning cannot be regarded as a fully informed choice when they were not expressly notified of the right to remain silent or when the decision was taken without the assistance of counsel (see European Court of Human Rights, Stojkovic v. France and Belgium). 77. Concern is expressed about the drawing of negative infe rences from a person’s failure to answer questions, and it is recommended that no inferences be drawn “at least where the accused has not had prior consultations with counsel ” (see 16-13568 19/25