19. The person’s lawyer must be physically present and within earshot during any interrogation and have the right to intervene in the interview to ensure that the law is complied with (but not otherwise to interfere with the interrogation). The interrogated person should also have the right, if requested during the course of the interview, to consult with his or her lawyer in private. 20. Where a lawyer is not available, or the interrogated person does not want to have a lawyer present, the person should be given the opportunity to have present at any interrogation a representative from a relevant non-governmental organisation or a relative or friend of his or her choice. Except to ensure the law is complied with, those persons should not otherwise interfere with the interrogation. Commentary Article 14(3)(b) of the ICCPR requires that an accused person be given the right to communicate with counsel of his or her own choosing. 43 Article 14(3)(d) affords an accused person the right to defend him or herself in person or through a lawyer of choice and to be informed of the right to have counsel assigned where the interest of justice require and free of charge if he or she does not have sufficient means to pay for it. Articles 9(3) and 9(4) of the ICCPR require that anyone arrested or detained on a criminal charge be brought promptly before a judge and that a person deprived of his or her liberty shall be entitled without delay to have the lawfulness of their detention decided upon.44 It follows from those principles that all persons who are to be interrogated must be given access to a lawyer. The lawyer should be present during any interrogation, but only to ensure 43 See also principle 17 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. The right to have access to a lawyer was recognised by the Commission on Human Rights to be one of the basic rights of a person deprived of his or her liberty – see Commission on Human Rights, Torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/RES/1994/37, 4 March 1994 at para 3(c). 44 See also principles 11, 32 and 37 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; and report of the Special Rapporteur on Torture to the Commission of Human Rights, E/CN.4/2003/68, 17 December 2002 at para 26(i). 61