A/71/298 rundown of his or her rights and is able to fully exercise them (European directive 2013/48/EU). 2. Right of access to counsel 68. The right of access to counsel is one of the most essential safeguards against torture and ill-treatment. Not only does a lawyer ’s presence act as a deterrent against mistreatment or coercion and facilitate the undertaking of r emedial action if mistreatment occurs, but also can protect officials facing unfounded allegations of improper conduct. 69. Access to counsel must be provided immediately after the moment of deprivation of liberty and unequivocally before any questioning b y authorities. 18 Counsel must be present for all interviews, and for their entirety (see A/68/295). This right applies to, among others, detention on criminal charges, prisoners of war, criminal detention relating to armed conflict, detention of individuals considered to be civilian internees under international humanitarian law and administrative detention outside of armed conflict (see WGAD/CRP.1/2015). 70. The Special Rapporteur is concerned that, in many jurisdictions, access to a lawyer during questioning is routinely denied or unduly delayed until confessions or incriminating statements are elicited. The protocol must adequately reflect the prohibition on interviewing persons without counsel, except in compelli ng circumstances or when the interviewee gives his or her voluntary and fully informed consent to waive this right (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; A/68/295; and E/CN.4/813 and Corr.1), and reiterate that access to counsel must be enjoyed by anyone deprived of liberty, regardless of whether the offence in question is considered “minor” or “serious”. 71. Compelling circumstances denying access to counsel must be strictly defined in national law and correspond to situations in which there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of persons, or where immediate action by investigators is imperative to prevent the destruction or alteration of essential evidence or to prevent interference with witnesses. Even then, the questioning of suspects without a lawyer must be accompanied by appropriate safeguards, limited to what is strictly necessary to achieve its singular purpose (i.e., obtaining information to address the exigent circumstances) and cannot unduly prejudice the rights of the defence (European directive 2013/48/EU). Defence rights are in principle irreparably prejudiced when incriminating statements made during questioning in the absence of counsel are used for a conviction (see European Court of Human Rights, Salduz v. Turkey). 72. Where a person waives the right to counsel, means of verificati on should be employed to ensure that he or she received clear and sufficient information about the content of the right and the potential consequence of a waiver and to establish that the waiver was voluntary and unequivocal (see the United Nations Princip les and Guidelines on Access to Legal Aid in Criminal Justice Systems). When a person __________________ 18 18/25 See the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, adopted by the General Assembly in its resolution 67/187; and Human Rights Committee, communication No. 770/1997, Gidin v. Russian Federation, views adopted on 20 July 2000. 16-13568