point in that this right may be derogated from 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.70 The Body of Principles on Detention further add to the rights of all detained persons (whether charged with a criminal offence or not) in relation to legal counsel by providing for the assignment of counsel where required in the interests of justice if the detained person does not have counsel of their own choice and without payment if the person has insufficient means to pay.71 Communications between a detained or imprisoned person and their counsel are inadmissible as evidence against the detained or imprisoned person unless they are connected with a continuing or contemplated crime.72 (e) Consular assistance Persons who are arrested or detained in countries of which they are not a national have certain rights to consular assistance as set out in the Vienna Convention. Article 36(1)(b) provides that foreign nationals must be notified of their right to communicate with consular officials when they are detained by law enforcement officials in member states. If a foreign national requests consular assistance, officials are required to notify the appropriate consulate and facilitate communication. The Body of Principles on Detention 16(2), (3) and (4) provide similar guarantees. Some of the Terrorist Conventions also refer to consular assistance. The Internationally Protected Persons Convention in Article 6(2) stipulates that any person who is alleged to have committed an offence under the Convention shall be entitled to: (a) (b) communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights; and to be visited by a representative of that State.73 The Draft Terrorism Convention contains essentially the same wording except that in the case of stateless persons the entitlement is to communicate to the representative of the State in 70 Principle 18(3), Body of Principles on Detention. 71 Principle 17(2) Body of Principles on Detention. 72 Principle 18(5), Body of Principles on Detention. 52

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