• the right to defend themselves in person or through legal assistance of their own choosing; • to be informed, if they do not have legal assistance, of this right; • to have legal assistance assigned to them, in any case where the interests of justice so require, and without payment by them in any such case if they do not have sufficient means to pay for it. The Human Rights Committee states that what is meant by ‘adequate time’ to prepare a defence depends on the circumstances of each case. ‘Facilities’ must include ‘access to document and other evidence which the accused requires to prepare their case, as well as the opportunity to engage and communicate with counsel’. Further, it comments that the ICCPR requires that lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter.66 The Basic Principles on Lawyers67 specifically address the rights of those imprisoned or detained to legal counsel. They apply to all persons detained, whether charged or not, and add detail to the general rights set out in the ICCPR, for example, that access to a lawyer should be prompt and not later than 48 hours from the time of arrest or detention68 and that communications with a lawyer will not be intercepted or censored and be in full confidentiality, with consultations in sight but not hearing of law enforcement officials.69 The Body of Principles on Detention, which are expressed as applying ‘for the protection of all persons under any form of detention or imprisonment’, limit the application of this final 65 As provided for by Article 14(3)(g) ICCPR. The IBA considers that access to counsel is crucial in order to protect individuals charged with a criminal offence from being compelled to testify against themselves or to confess guilt, which, as discussed below, are important safeguards relating to the right to a fair trial (see International Bar Association International Terrorism: Legal Challenges and Responses (October 2003) 70). 66 Human Rights Committee General Comment 13: Equality before the courts and the right to a fair and public hearing by an independent court established by law (Art 14) (1984) para 9. 67 The Advisory Council notes here that while Principle 1 expresses the entitlement of all persons to the assistance of a lawyer only ‘in all stages of criminal proceedings’, Principle 2 calls on Governments to ensure access to lawyers for all persons within their jurisdiction without distinctions of any kind, and Principle 7 calls on Governments to ensure ‘that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention’ (emphasis added). 68 Principle 7; Basic Principles on Lawyers. 69 Principle 8; Basic Principles on Lawyers. 51