G. Access to counsel The UN and regional systems all emphasize the right of access to counsel. United Nations The Human Rights Committee has addressed the question of access to counsel with respect to pre-trial and administrative detention: The Committee notes with concern that, under the general Terrorism Act 2000, suspects may be detained for 48 hours without access to a lawyer if the police suspect that such access would lead, for example, to interference with evidence or alerting another suspect. Particularly in circumstances where these powers have not been used … for several years, where their compatibility with articles 9 and 14, inter alia, is suspect, and where other less intrusive means for achieving the same ends exist, the Committee considers that the State party has failed to justify these powers. --CCPR/CO/73/UK, para. 13 (2001). ***** The Committee regrets that legal assistance and advice may not be available until a person has been charged…. Steps should be taken to … ensure that all criminal procedures are brought into compliance with articles 9 and 14 of the Covenant. --A/55/40, paras.422-451 (2000). ***** The Committee is concerned that the accused has no right to contact a lawyer during the initial 72 hours of detention in police custody. --CCPR/C/79/Add.80, para. 23 (1997). European Court of Human Rights The Court … notes that the applicant was not tried by an independent and impartial tribunal, was not assisted by his lawyers when questioned in police custody, was unable to communicate with them out of hearing of third parties and was unable to gain direct access to the case file until a very late stage in the proceedings. Furthermore, restrictions were imposed on the number and length of his lawyers' visits and his lawyers were not given proper access to the case file until late in the day. The Court finds that the overall effect of these difficulties taken as a whole so restricted the rights of the defence that the 66

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