5. CONTACT WITH THE OUTSIDE WORLD
103
The UN Legal Aid Principles and Guidelines also state that authorities should establish
effective remedies and safeguards that apply if access to legal aid is undermined, delayed
or denied, or if detainees have not been adequately informed of their right to legal aid.
Ensuring access to legal advice, representation and legal aid
The requirement to promptly inform untried prisoners of the reasons for their detention
and the charges against them is primarily the function of police and judicial authorities.
However, prison administrations have an obligation to ensure that prisoners have received
this information, and to take action if this is not the case. This might include checking with
prisoners on admission that they have been informed of their right to a lawyer and recording
their responses. Those who already have a lawyer must be able to inform their lawyer of
their situation.
105
Prison authorities should play an active role in making legal advice and representation
practically available to all in relation to the case against them, in relation to their treatment,
conditions of detention and on any other legal matter. Rule 54(b) requires prison authorities
to provide every prisoner with information about her or his rights, including access to
legal advice and legal aid.324 Prison officers should inform prisoners of their right to
communicate and consult with a legal adviser of their own choosing or a legal aid provider,
not only in the context of the criminal procedure, but on any legal matter. Information
should be made available not only upon a prisoners' admission, but also throughout the
period of imprisonment. Prison officers should also make prisoners aware of the potential
consequences if they choose to waive their right to legal representation.
106
While the establishment of legal aid schemes falls to policymakers, prison authorities need
to facilitate access to such schemes, including by providing information about them, and
enabling prisoners to apply for legal aid through them.
107
In countries where legal aid systems do not exist, or are limited, including in areas of a
country where there are no legal aid lawyers, prison authorities should encourage and
facilitate communication with others who can provide legal advice, including NGOs.
108
The CPT has emphasized that the “right of access to a lawyer should be enjoyed by
everyone who is deprived of their liberty, no matter how ‘minor’ the offence of which they
are suspected”.325
109
Prison officials should be proactive in talking to prisoners directly about whether they have
legal support, and, if they do not, what additional help they might require to access such
support, including the means to contact legal representatives.
110
The procedure for contacting lawyers and legal aid providers should be prominently displayed
in areas of the prison where all prisoners can see it. Those who cannot read must be
provided with the information in another format.
111
In order to analyse the availability and accessibility of legal support, it is good practice for
prison administrations to collect information on how many prisoners are represented by
lawyers, including legal aid providers.326 Such information is useful for policymakers to analyse
gaps in legal support, including whether legal assistance is equally available to women,
children and other groups. The data could also provide useful information on the availability
of legal services in rural, remote and economically and socially disadvantaged areas of the
country, and can better inform policy-making and planning in relevant ministries.
5
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134
324. For more information on legal aid, see: Global Study on Legal Aid, UNODC and UNDP, October 2016; and Model Law on Legal Aid in Criminal Justice
Systems with Commentaries, UNODC, March 2017.
325. 21st General Report, CPT, op. cit., note 224, para. 20.
326. The Mandela Rules, op. cit., note 1, Rule 8 (a): states that ‘Information related to the judicial process, including dates of court hearings and legal
representation’ should be entered in the prisoner file management system.
Guidance document on the Nelson Mandela Rules
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