i) Is it normal to have access to lawyer at the outset of custody? ii) Can the lawyer meet the client privately? iii) Can the lawyer be present during an interrogation? Can the lawyer take part during the interrogation? In response, Mr. Andrew Khoo, from the Bar Council, stated that in Malaysia, there is a constitutional provision that provides for access to a legal counsel at the earliest time and the grounds of arrest must be informed immediately to the person arrested. The law also allows the suspension of such rights in certain circumstances. Mr. Khoo also informed that there is a significant difference in procedure between citizen and non-citizen arrest, in which for citizens, they must be brought to a Magistrate within 24 hours, but for non citizens the stipulated time to bring them to a Magistrate is within 14 days. The police representative informed that there are 3 instances under Section 28A(8) of the Criminal Procedure Code (CPC) when the constitutional right to legal representation is suspended; when there is a risk of evidence being destroyed; when a life of another person is endangered; and when it is likely that an accomplice of the person arrested may take steps to avoid apprehension. • In preventing torture, the facilitator informed that the Committee does not only make recommendations with regard to torture and ill treatment. Issues taken into consideration include the right to a lawyer as well as the right to a doctor, as experienced doctors can tell if the injuries are due to torture or ill treatment. • Dr. Silvia commended the Government for some of the steps taken, as shared by the participants above. She commented that these positive steps should be a strong basis for the Government in considering the accession to the CAT, instead of focusing on the inconsistencies with the Convention. (see other effective measures for prevention of torture in Annex 5) 10