CAT/C/48/3 (e) A historical approach to human rights, linking these with the various actors involved; and; (f) Articulated efforts between educational institutions, civil society organizations, State agencies and international mechanisms for the promotion of human rights. B. The correlation between legal aid, a system of public defence and prevention of torture 77. The right of access to a lawyer from the outset of detention is an important safeguard to prevent torture and other cruel, inhuman and degrading treatment or punishment. This right goes beyond the provision of legal aid solely for the purpose of building up a technical defence. Indeed, the presence of a lawyer at the police station may not only deter the police from inflicting torture or other cruel, inhuman and degrading treatment or punishment, but is also key to assisting in the exercise of rights, including access to complaints mechanisms, for those deprived of their liberty. 78. Effective protection of the right to counsel requires the existence of a legal assistance model, whatever this model might be, to ensure the performance of defence counsels in an independent, free and technically qualified manner. For the realization of the right to counsel there should be a legal framework which allows for public or ex officio defence – whether provided by public officials or by lawyers working pro bono – with functional independence and budgetary autonomy to guarantee free legal assistance for all detainees who require it from the time of their arrest in a timely, effective and comprehensive manner. In addition, the existence of an organizational framework which ensures effective equality of arms between the public defender (be it State, pro bono or mixed) , the Public Prosecutor and the police force is essential. 79. Budget and staff constraints directly affect the public defence system as they generate an excessive workload that is not compatible with the effective defence of the interests of persons deprived of their liberty. This was observed repeatedly in the countries visited by the Subcommittee, through numerous interviews both with detainees and officials from various State organizations and civil society, and through information collected and verified during these visits. 80. Defence lawyers should visit their clients in detention periodically to obtain information concerning the status of their cases and to conduct confidential interviews to determine both their detention conditions and their treatment. They must play an active role in the protection of the rights of detainees. The lawyer is a key player – along with judges and prosecutors – in the execution of writs of habeas corpus. 81. Many victims of torture and other cruel, inhuman and degrading treatment or punishment are unwilling to report ill-treatment suffered for fear of reprisals. This can put lawyers in a difficult situation as they cannot commence legal action without the consent of their clients. In this regard, a centralized national database of allegations and incidents of torture and ill-treatment, including anonymous, confidential information obtained under professional confidentiality, is recommended.11 Such a register would be a source of useful information that could point to situations where urgent action is required, and could also assist in the development and adoption of preventive measures. The NPM and other such bodies vested with authority to deal with prevention of and complaints concerning torture 11 18 See also General Assembly resolution 66/150, para. 8, which encourages States to consider records.

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