146 Legal Digest of International Fair Trial Rights message if one was, in fact, passed between client and lawyer. At most, the presence of the officer may have inhibited any improper communication of information, assuming that there was a risk of this occurring. The Court, therefore, found the measure to be disproportionate and concluded that there had been a violation of Article 6(3)(c) of the ECHR.646 The importance to the rights of the defence of ensuring confidentiality in meetings between the accused and her/his lawyers has been affirmed in various other international instruments, including:647 • The UN Basic Principles on the Role of Lawyers, which refer to the right of all arrested, detained or imprisoned persons to be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality;648 • The UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which includes the entitlements of a detained or imprisoned person to communicate and consult with her/his legal counsel; to be allowed adequate time and facilities for consultations with her/his legal counsel; to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with her/his legal counsel, which may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order; and 649 • The European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, which  provides that: “As regards persons under detention, the exercise of this right shall in particular imply that: (c) such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.”650 6.6.7 Legal aid The provision of free legal assistance applies to both criminal and civil proceedings and is dependent on two conditions:651 first, that the person concerned does not have sufficient means to pay for the legal assistance; and second, that the interests of justice require that legal counsel be assigned to represent the person. 646 Brennan v the United Kingdom [2001] ECHR 596, especially paras 59–63. 647 Brennan v the United Kingdom [2001] ECHR 596, para 38–40. 648 UN Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 1990, para 8. 649 UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 18 adopted by the UN General Assembly on 9 December 1988. 650 European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, article 3 (2) (c). 651 Artico v Italy [1980] ECHR 4, para 34; Pham Hoang v France [1992] ECHR 61, paras 39–40; and J. O., Z. S., and S. O. v Belgium, HRC Communication 1417/2005, UN Doc CCPR/C/85/D/1417/2005 (2005), para 4.4.