International Covenant on Civil and Political Rights

A person shall be entitled to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it. Article 14(3)(d) The accused shall be entitled [t]o have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing. Article 14(3)(b)

Principle 1 of the Basic Principles on the Role of Lawyers establishes the right to assistance at all stages of criminal proceedings, including interrogations. (See also Principle 17 of the Body of Principles, which applies to all people who are detained.) Principle 7 of the Basic Principles on the Role of Lawyers states that access to a lawyer must be granted "promptly".[Less than 48 hours from the time of arrest or detention] A person's right to the help of a lawyer in pre-trial proceedings is not expressly set out in the ICCPR, the American Convention, the African Charter or the European Convention. However, the Human Rights Committee, the Inter-American Commission and the European Court have all recognized that the right to a fair trial requires access to a lawyer during detention, interrogation and preliminary investigations. The Human Rights Committee has stated that "all persons arrested must have immediate access to counsel". [Concluding Observations of the HRC: Georgia, UN Doc. CCPR/C/79/Add.74, 9 April 1997, para. 28]

The Inter-American Commission has stated that the right to defend oneself requires that an accused person be permitted to obtain legal assistance when first detained. It concluded that a law which prohibited a detainee from access to counsel during detention and investigation could seriously impinge upon defence rights. [Annual Report of the Inter-American Commission, 1985-1986, OEA/Ser.L/V/II.68, doc. 8 rev. 1, 1986, p. 154, El Salvador] Similarly, the European Court has acknowledged that the right to a fair trial normally requires an accused person to be allowed legal counsel during the initial stages of police investigation. The court examined a case in which a person was denied access to counsel during the first 48 hours of his detention, when he had to decide whether to exercise his right of silence. This decision could affect whether or not he was charged, and under national law adverse inferences could be drawn at trial from his silence during police questioning. The court found that the failure to grant him access to counsel during the first 48 hours after his arrest was a violation of Article 6 of the European Convention. [Murray v. United Kingdom, (41/1994/488/570), 8 February 1996] The Yugoslavia Rules, the Rwanda Rules and the ICC Statute provide that suspects have the right to counsel when questioned by the Prosecutor. Rule 42 of the Yugoslavia Rules, Rule 42 of the Rwanda Rules, Article 55(2)(d) of the ICC Statute. The Human Rights Committee has stressed that "all persons arrested must have immediate access to counsel". [Concluding Observations of the HRC: Georgia, UN Doc. CCPR/C/79/Add.74, 9 April 1997, para. 28] The Inter-American Commission concluded that the right to counsel set out in Article 8(2) of the American Convention applied on the first interrogation. [Report on the Situation of Human Rights of a Segment of the Nicaraguan Population of Miskito Origin, OEA Ser.L/V/11.62, doc.10, rev. 3, 1983]

From the moment of getting access to participate in a case by an defense attorney confirmed in writing by a person or a body in charge of proceedings on the case, the persons in custody are entitled to privately meet with the defense attorney without limited number of meetings and their length.

Article 201. Introducing the Accused to All Case Materials

The accused and his defense attorney may not be limited in the amount of time needed for them to review all materials of the case. However, if the accused and his defense attorney are deliberately delaying the review of the case materials, then the investigator is entitled to establish a certain period for reviewing of the materials of the case by its motivated resolution to be approved by the prosecutor (amended, Decree of Presidium of Supreme Council of RT as of 27 of February, 1985).

Article 203. The Rights of the Defense Attorney when Reviewing All Materials of the Case

The defense attorney shall have rights to: Have meetings with the accused person in private without limitation of the number of these meetings and their duration