E/CN.4/1996/35/Add.2 page 14 before they are brought before the court take place in the presence of an official. Although this is necessary for security reasons, in practice it restricts detainees’ ability freely to communicate with their lawyer, out of fear of reprisals and the possibility of ill-treatment. Secondly, the right to a visit is virtually non-existent when persons are held incommunicado, a practice which is in fact quite common. Accordingly, the Special Rapporteur believes that the regime described is not fully in conformity with the provisions of the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, Principle 18 of which states as follows: "3. The right of a detained or imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel 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. 4. Interviews between a detained or imprisoned person and his legal counsel may be within sight, but not within the hearing, of a law enforcement official." 50. Paragraph 8 of the Basic Principles on the Role of Lawyers 9/ stipulates that "All arrested, detained or imprisoned persons shall 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. Such consultations may be within sight, but not within the hearing, of law enforcement officials". Furthermore, in its general comment No. 13 relating to article 14 of the International Covenant on Civil and Political Rights, the Human Rights Committee has stated that subparagraph 3 (b) 10/ "requires counsel to communicate with the accused in conditions giving full respect for the confidentiality of their communications. Lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter". 11/ 51. Moreover, it was pointed out that the presence of the lawyer is restricted to the right to visit, and that he is unable to participate in the phase during which the police take a statement from the detainee, prior to any intervention by the judicial authorities. Lawyers are also excluded from the phase in which the accused answers the charges against him, which is done before the judge, in the presence of the court clerk and in camera. This step is however of great importance, as it provides the basis on which the judge may order committal for trial. Under domestic legislation, the presence of a defending counsel is only mandatory once the committal order has been issued. 52. Further to the above measures, in its articles 306 et seq. the Code also regulates amparo procedure, under which any individual who is detained in violation of the provisions of the law, or in the absence of sufficient evidence or grounds, may apply to the relevant court of appeal for his immediate release. The court may designate one of its judges to visit the place of detention, hear the detainee and, on the basis of his findings,