A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Bearing in mind further the Basic Principles on the Role of Lawyers, 5 in
particular principle 6 thereof, which states that any persons who do not have a
lawyer shall, in all cases in which the interests of justice so require, be entitled to
have a lawyer of experience and competence commensurate with the nature of the
offence assigned to them in order to provide effective legal assistance, without
payment by them if they lack sufficient means to pay for such services,
Recalling the Bangkok Declaration on Synergies and Responses: Strategic
Alliances in Crime Prevention and Criminal Justice, 6 especially paragraph 18
thereof, in which Member States are called upon to take steps, in accordance with
their domestic laws, to promote access to justice, to consider the provision of legal
aid to those who need it and to enable the effective assertion of their rights in the
criminal justice system,
Recalling also the Salvador Declaration on Comprehensive Strategies for
Global Challenges: Crime Prevention and Criminal Justice Systems and Their
Development in a Changing World, 7 especially paragraph 52 thereof, in which it is
recommended that Member States endeavour to reduce pretrial detention, where
appropriate, and promote increased access to justice and legal defence mechanisms,
Recalling further Economic and Social Council resolution 2007/24 of 26 July
2007 on international cooperation for the improvement of access to legal aid in
criminal justice systems, particularly in Africa,
Recognizing that legal aid is an essential element of a fair, humane and
efficient criminal justice system that is based on the rule of law and that it is a
foundation for the enjoyment of other rights, including the right to a fair trial, as a
precondition to exercising such rights and an important safeguard that ensures
fundamental fairness and public trust in the criminal justice process,
Recognizing also that the United Nations Principles and Guidelines on Access
to Legal Aid in Criminal Justice Systems, annexed to the present resolution, can be
applied by Member States, taking into account the great variety of legal systems and
socioeconomic conditions in the world,
Notes with appreciation the work of the open-ended intergovernmental
1.
expert group on strengthening access to legal aid in criminal justice systems, at its
meeting held in Vienna from 16 to 18 November 2011, to develop a set of principles
and guidelines on access to legal aid in criminal justice systems;
Adopts the United Nations Principles and Guidelines on Access to Legal
2.
Aid in Criminal Justice Systems, annexed to the present resolution, as a useful
framework to guide Member States on the principles on which a legal aid system in
criminal justice should be based, taking into account the content of the present
resolution and the fact that all elements of the annex will be applied in accordance
with national legislation;
Invites Member States, consistent with their national legislation, to adopt
3.
and strengthen measures to ensure that effective legal aid is provided, in accordance
with the spirit of the Principles and Guidelines, bearing in mind the diversity of
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5
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana,
27 August–7 September 1990: report prepared by the Secretariat (United Nations publication, Sales
No. E.91.IV.2), chap. I, sect. B.3, annex.
6
Resolution 60/177, annex.
7
Resolution 65/230, annex.
2/20