detention or arrest; only after the first interrogation; • timely access to counsel; • Lack of independence of the judiciary; • adequate time and facilities to prepare a defence; appearance and cross-examination of witnesses; and • Ensuring the independence and impartiality of the judiciary. • Presumption of innocence not respected; and • Access to a lawyer and the right to defence was severely limited. There is no provision under Chinese law for individuals to be brought promptly before an independent judicial authority to assess the lawfulness of the detention. Decisions over an extension of custody and pretrial detention rested with the Public Procuratorate. Non-governmental sources: The Public Procuratorate remains in charge of decisions over extending police custody and pre-trial detention. l) Article 306 of the Criminal Law, according to which any lawyer who counsels a client to repudiate a forced confession, for example, could risk prosecution, should be abolished. Together with article 38 of the CPL, which made “interfering with the proceedings before judicial organs” an offence, article 306 of the CL could be invoked to harass, intimidate and sanction lawyers. Non-governmental sources: Article 37 was added to the newly amended Lawyers Law stating that lawyers are not legally responsible when acting on behalf of their clients or speaking for a defendant. This does however not apply to lawyers “whose speech endangers the national security, or who maliciously slanders others and seriously disturbs the order of the court”. Articles 306 CL and 38 CPL continue to be used to intimidate lawyers and impede their efforts to defend clients and take on sensitive cases. 43 The repression and harassment of lawyers who take on “sensitive” cases has increased. In May 2009, eighteen lawyers, handling some of the most important A/HRC/13/39/Add.6 k) The power to order or approve arrest and supervision of the police and detention facilities of the procurators should be transferred to independent courts