E/CN.4/2004/56 page 8 28. In the light of the information received, the Special Rapporteur has observed that in the context of anti-terrorist measures, Governments are frequently remiss in upholding these legal safeguards. In this regard, the Special Rapporteur refers to his two previous studies on the prohibition of torture and other forms of ill-treatment in the context of anti-terrorism measures (see A/57/173 and A/58/120), where he highlights that this prohibition is of an absolute nature. 29. In the present report, the Special Rapporteur refers to a number of these basic safeguards contained in international human rights norms and standards, and to some of the general recommendations included in previous reports. 30. Arrests without proper procedures may open the door to further human rights abuses, including torture. The Special Rapporteur notes that to prevent such abuses, law enforcement officials should clearly identify themselves or, at least, the unit to which they belong. Their vehicles should be clearly identifiable and carry number plates at all times. Information on any arrest, including the reasons for the arrest, the time and place of the arrest, and the identity of the officers involved should be duly recorded. As specified in article 9 (2) of the International Covenant on Civil and Political Rights (ICCPR) and principles 13 and 14 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles on Detention), the arrested persons shall be informed, at the time of arrest, of the reasons for their arrest and of their rights, including safeguards against torture or ill-treatment. 31. Further, relatives or a third person of the arrested person’s choice shall be notified at the time of arrest, detention, imprisonment or transfer. Reference is made to principle 16 of the Body of Principles on Detention and rule 92 of the Standard Minimum Rules for the Treatment of Prisoners. The Special Rapporteur also refers to his recommendation, included in his last report to the Commission on Human Rights: “In all circumstances, a relative of the detainee should be informed of the arrest and place of detention within 18 hours” (E/CN.4/2003/68, para. 26 (g)). With regard to the notification of detention of children, special safeguards should apply in accordance with principle 16 (3) of the Body of Principles on Detention and rule 10 (1) of the Standard Minimum Rules for the Treatment of Prisoners. As far as the detention of foreign citizens is concerned, the Special Rapporteur would like to refer to article 16 (7) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which states that the consular authorities of the State of origin of a detained foreigner shall be informed without delay of his or her arrest or detention. This safeguard is also reflected in article 36 (1) (b) of the Vienna Convention on Consular Relations and in principle 16 (2) of the Body of Principles on Detention. 32. The Special Rapporteur frequently receives allegations according to which persons in custody do not have prompt access, if at all, to a lawyer. The Special Rapporteur is concerned that this situation, often combined with the non-respect of other safeguards, may facilitate acts of torture or other forms of ill-treatment. In this respect, the Special Rapporteur refers to article 14 of ICCPR and principle 17 of the Body of Principles on Detention. Further, in its general comment No. 20, the Human Rights Committee has stated: “the protection of the detainee also requires that prompt and regular access be given to … lawyers” (para. 11). The Commission on Human Rights, in resolution 1994/37, has also stressed “[t]hat the right to have access to a lawyer is one of the basic rights of a person who is deprived of his liberty and that restrictions on this right should therefore be exceptional and always subject to judicial control”. The