PART B – International standards in the Istanbul Protocol interception or censorship and in full confidentiality. The UN Body of Principles for the Protection of All Persons under Any Form of Detention or 32 Imprisonment (UN Body of Principles on Detention) also stipulates the right to consult and communicate, without delay or censorship and in full confidentiality, with legal counsel (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). The UN Special Rapporteur on Torture, stresses that access to a lawyer should be prompt and that the lawyer should be independent from the State apparatus. Exceptionally, where it is contended by national authorities that prompt contact with a particular lawyer might raise genuine security concerns and where restriction of such contact is judicially approved, the detainee should be permitted to meet with an independent lawyer, such as one recommended by a bar association.33 Importantly, the Basic Principles on Lawyers also specify that governments should guarantee that “persons who exercise the functions of a lawyer without having the formal status of lawyers” benefit from the same legal protections as lawyers. In this sense, members of human rights organisations that are representing the interests of a detainee should also have access, independent of their qualification as lawyers. b. International standards on the right of detainees to access a doctor The UN Special Rapporteur on Torture considers that a prompt and independent medical examination upon a person’s admission to a place of detention constitutes one of the basic safeguards against torture and other forms of ill-treatment.34 In accordance with international human rights instruments, 19 such as the UN Code of Conduct for Law Enforcement Officials,35 the UN Special Rapporteur on Torture considers that the health of detainees should be ensured during the whole period of detention. The UN Standard Minimum Rules for the 36 Treatment of Prisoners (UN Rules for the Treatment of Prisoners) and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment37 (UN Body of Principles on Detention) provide a set of medical safeguards for detainees, and stipulate that a medical examination shall be offered to a detainee promptly after their detention and that free medical care should be provided to detainees whenever necessary. All medical examinations of detainees should be conducted out of the hearing of law enforcement officials and, unless the doctor concerned requests otherwise, out of the sight of these officials. The UN Body of Principles on Detention stipulate that a detainee, or his lawyer, will have the right to petition a judicial or other competent national authority for a second medical examination or opinion. The Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines),38 oblige States to “establish regulations for the treatment of all persons deprived of their liberty guided by the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.” Principle 25 of the UN Body of Principles on Detention provides that “a detained or imprisoned person or his counsel shall, subject only to reasonable conditions to ensure security and good order in the place of detention or imprisonment, have the right to request or petition a judicial or other authority for a second medical examination or opinion.” The UN Special Rapporteur on Torture has specified that the forensic medical services should be under judicial or an independent

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