Part II: Preventing torture: NHRIs in action The 2015 Nelson Mandela Rules and the 2010 Bangkok Rules also provide important benchmarks for the protection of persons deprived of liberty in terms of safeguards – the latter specifically for women deprived of their liberty. The 2006 UN Convention for the Protection of All Persons from Enforced Disappearance, in particular its Article 17, prohibits secret detention and strengthened legal and procedural safeguards. Insights from practice: In November 2017, during the annual meeting of the South East Asia National Human Rights Institutions Forum (SEANF) composed by the NHRIs from Indonesia, Malaysia, Myanmar, Philippines, Thailand and Timor Leste, members proposed the development of regional guidelines to help SEANF members to prevent torture effectively. The SEANF’s Guidelines on Torture, developed in partnership with the APT, were adopted in December 2021. The Guidelines provide practical suggestions and strategies across six key areas: mobilising for change; strengthening law and justice, including through promotion of key safeguards in the first hours of custody; increasing transparency in detention; protecting persons in situations of vulnerability; promoting the well-being of NHRI members and staff; and engaging with the international community for local impact. No unauthorized places of detention Persons deprived of liberty should not be held in unauthorized places of detention. Unauthorized places of detention have no procedures or records and therefore provide no institutional protection to the detainee. It should be a criminal offence to hold persons deprived of their liberty in unauthorized places of detention. No incommunicado detention Incommunicado detention – which occurs when a person is isolated and has no contact with the outside world – creates an environment that is conducive to torture, especially when the situation is prolonged. All persons deprived of their liberty should be allowed to receive visits from a lawyer, family members and others. Any exceptions should be clearly specified in law and should be of limited duration, with oversight by the judiciary. 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 their 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 police questioning. Women tend to be disadvantaged in terms of legal representation. Legal aid rules based on household income can discriminate against women, as women may have to rely on men to pay for legal fees. States must guarantee the right to an effective counsel without discrimination. 49