to fair trial provisions, as guaranteed in article 14 of ICCPR, including the following: • the right to remain silent and the privilege against self-incrimination • the effective exclusion of evidence extracted through torture • the presumption of innocence • timely notice of reasons for detention or arrest • prompt external review of detention or arrest • timely access to counsel • adequate time and facilities to prepare a defence; appearance and cross-examination of witnesses; and • ensuring the Situation during visit in 2005 (See E/CN.4/2006/6/Add.6) • • • • • • international fair trial standards (e.g. it did not provide for the right to remain silent and privilege against self-incrimination) The Rules on the Handling of Criminal Cases by Public Security Authorities permitted exceptions to the 24 hours time period for family notification Extensive periods of police custody permitted by law, no independent judicial review of arrest and detention Article 96 of the CPL provides for access to a lawyer only after the first interrogation Lack of independence of the judiciary In practice, there were several shortcomings: presumption of innocence not respected; and Access to a lawyer and the right to defence was severely limited Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) Information received on steps taken since December 2007/current situation • Law was halted at the end of 2007 and there is no information as to when it will be resumed The revised Lawyers Law (effective as of 1 June 2008) provides for the unconditional right of confidential access to a lawyer after initial interrogation, with no exception for cases involving state secrets. However, the new law contradicts the CPL, which continues to allow restrictions on the right of access to a lawyer for prolonged periods of time and gives police the right to be present during meetings with lawyers and clients. According to information received from non-governmental sources, the vague concept of state Secret has been extensively and arbitrarily used to deny access to legal representation and to case files and to hold trials in camera. Detainees are not entitled to “free legal assistance” until 10 days before the trial, and this only applies to some categories of prisoners. Following the publication of a letter by prominent lawyers that offered free legal services to Tibetans arrested during the March 2008 protests and that called upon the authorities to prevent coerced confessions, these lawyers A/HRC/10/44/Add.5 page 12 Recommendation (E/CN.4/2006/6/Add.6)