II. Facilitating prospects for effective investigation and access to investigative mechanisms 2.1 General considerations 2.1.1 States should maintain a clear system of mechanisms and procedures through which allegations, indications and evidence of ill-treatment can be communicated. 2.1.2 This system should be available to all individuals, including detainees, on an equal basis. 2.1.3 Failure to secure such a system may in itself amount to a violation of the obligation to carry out an effective investigation. 2.2 The fundamental safeguards against ill-treatment 2.2.1 The rights to have the fact of one’s detention notified to a third party, to access to a lawyer, and to access to a doctor are all crucial to the gathering of evidence and communication of information relating to ill-treatment. 2.2.2 These rights should apply from the very outset of deprivation of liberty. Legitimate interests of the police investigation may exceptionally require that a notification of the detention to a third party or the detainee’s access to the lawyer of his choice are delayed for a limited period. These restrictions should be clearly defined and accompanied by further appropriate guarantees. 2.2.3 The right to access to a lawyer incorporates the corollary rights to a private discussion and to have the lawyer present at interrogations. States must secure the availability of legal aid for persons unable to pay for legal representation. 2.2.4 The right to access to a doctor incorporates the corollary right to have medical examinations conducted out of earshot and (unless the doctor expressly requests otherwise) out of sight of police and other non-medical staff. In addition to any medical examination carried out by a doctor called by the detaining authorities, it involves the right to be examined by a medical professional of the detainee’s choice. Results of medical examinations should be properly recorded and made available to the detainee and his or her lawyer. 2.2.5 The right of access to a doctor of the detainee’s choice demands direct and unimpeded access to the services of recognised forensic doctors. Effective investigation of ill-treatment – Guidelines ► Page 10