Preventing Torture An Operational Guide for National Human Rights Institutions and others. Any exceptions should be clearly specified in law and should be of limited duration, with oversight by the judiciary.25 Right to inform a third party It is essential that persons who have been arrested are allowed to contact a family member, friend, lawyer, consulate representative or any person of their choice and inform them of their arrest and where they are being held. Access to a lawyer Ensuring that a person has access to a lawyer immediately following his or her arrest, especially during interrogation, can significantly reduce the risk of torture. In addition, a lawyer will be able to provide advice about the legality of their client’s detention and take action on any complaints that may be made. Access to a lawyer should include the right to contact and be visited by a lawyer and, in principle, the right to have the lawyer present during interrogation. Access to a medical doctor Image: APF / Michael Power The right to receive a medical examination by an independent medical doctor – and, if possible, a doctor of the person’s own choice – also helps reduce a culture of secrecy from developing in places of detention. A medical examination can establish the physical condition of the person at the time of his or her arrest or detention. This can be a significant deterrent against torture and can also help to detect torture if it does occur. The medical examination can also establish if the person suffers from any health problems that might be aggravated by detention.26 The results of the medical examination should be formally recorded by the detaining authorities and also be made available to the person and his or her lawyer. 25 In its general comment No. 20, the Human Rights Committee states that “[p]rovisions should also be made against incommunicado detention” (para. 11). See also Polay Campos v. Peru, Human Rights Committee, Communication 577/1994, views adopted on 6 November 1997. 26 See Mr. C. v. Australia, Human Rights Committee, Communication 900/1999, views adopted on 28 October 2002; and Albert Wilson v. Philippines, Human Rights Committee, Communication 868/1999, views adopted on 30 October 2003. 32 | Chapter 3: Promoting legal and procedural reforms