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APT Legal Briefing N°2

Torture and other cruel, inhuman or degrading treatment or punishment (“ill-treatment”), in almost all cases, happen in secret. Access to lawyers, as well as to doctors, and contact with friends or family members creates a more open detention environment which helps to prevent torture and other ill-treatment. The right to be protected from torture and other ill-treatment is a fundamental one from which no derogation is permitted. This briefing note is intended to outline the current state of the law in relation to access to legal counsel promptly after deprivation of liberty as a safeguard against torture and other ill-treatment.