Outcome 4:  The Rights of Accused Persons are Respected
43. A person charged with a criminal offense has the right to communicate with counsel at all stages of the proceedings.
  • REF: International Covenant on Civil and Political Rights, article 14, para. 3 (b); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 18, para. 1; and Basic Principles on the Role of Lawyers, principle 1, United Nations
44. Confidential communications between an arrested or detained person and legal counsel must be granted without delay, interception or censorship. They may take place within sight but not within hearing of police or other law enforcement officials.
  • REF: Basic Principles on the Role of Lawyers, principle 8; and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 18, para. 3, United Nations
45. The right of a person suspected of or charged with a criminal offense to communicate with counsel may not be suspended or restricted except in exceptional circumstances, specified by law.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 18, para. 3, United Nations
46. Public authorities, including police or other law enforcement officials, must ensure that lawyers are able to perform all of their professional duties without intimidation, hindrance, harassment or improper interference.
  • REF: Basic Principles on the Role of Lawyers, principle 16, United Nations
47. Arrests are carried out strictly in accordance with the law and by persons authorized for such purpose.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 2, United Nations
48. An arrested person is promptly taken before a court, at no cost, to decide without delay on the lawfulness the arrest or detention. Where detention is not lawful, the court orders the immediate release of the arrested person.
  • REF: International Covenant on Civil and Political Rights, article 9, para. 4; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 32; and International Convention for the Protection of All Persons from Enforced Disappearance (General Assembly resolution 61/177, annex), article 17, para. 2 (f), United Nations
49. An arrested person is promptly given information on and an explanation of his or her rights and how to avail himself or herself of such rights.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 13, United Nations
50. If an arrested person is illiterate, information concerning his or her rights or the prison regulations are conveyed to him or her orally.
  •  REF: Standard Minimum Rules for the Treatment of Prisoners, rule 35, para. 2, United Nations
51. An arrested person who does not speak the language used by the authorities responsible for his or her arrest receives the information and explanation of his or her rights promptly and in a language which he or she understands.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 14, United Nations
52. An arrested person is informed, at the time of arrest, of the reasons for arrest and of any charges against him or her.
  • REF: International Covenant on Civil and Political Rights, article 9, para. 2; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 10; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 16, para. 5, United Nations
53. An arrested person is informed immediately of his or her right to be assisted by a lawyer of his or her choice and must be provided with reasonable facilities for exercising it.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 17, para. 1; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 18, para. 3 (d), and Basic Principles on the Role of Lawyers, principle 5, United Nations
54. An arrested person is entitled promptly after arrest to notify, or to require the competent authority to notify, family members or other appropriate persons of his or her choice of the arrest and of the place of custody.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 16, para. 1, United Nations
55. Any notification under Standards 71 or 72 should not be denied for more than a matter of days.
  •  REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 15, United Nations
56. An arrested foreign national (including a migrant worker), is informed they are entitled to contact and to communicate orally or in writing with a liaison office, consular post or the diplomatic mission of the State of which he or she is a national.
  • REF: Vienna Convention on Consular Relations (United Nations, Treaty Series, vol. 596, No. 8638), article 36, para. 1 (a); Body of Principles for the Protection All Persons Under Any Form of Detention or Imprisonment, principle 16, para. 2; and Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live General Assembly resolution 40/144, annex), article 10, United Nations
57. An arrested refugee, or person otherwise under the protection of an intergovernmental organization, is entitled to contact and communicate orally or in writing with a representative of the competent international organization.
  • REF: Vienna Convention on Consular Relations, article 36, para. 1 (a); Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, principle 16, para. 2; and Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, article 10.
58. A record of each arrest is made.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 12, para. 1; and International Convention for the Protection of All Persons from Enforced Disappearance, article 17, para. 3., United Nations
59. The Record of Arrest (Standard 76) is communicated to the arrested person and his or her counsel.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 12, para. 2, United Nations
60. An arrested person who does not adequately understand or speak the language used by the authorities responsible for his or her arrest receives the Record of Arrest promptly and in a language which he or she understands.
  • REF: Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 14, United Nations