United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
A/RES/67/187
criminal justice systems among different countries and regions around the world and
the fact that legal aid is developed in accordance with the overall balance of the
criminal justice system, as well as the circumstances of countries and regions;
Encourages Member States to consider, where appropriate, the provision
4.
of legal aid and to provide such aid to the maximum extent possible;
5.
Also encourages Member States to draw upon the Principles and Guidelines,
as appropriate, and in accordance with national law, in undertaking national efforts
and measures to strengthen access to legal aid in criminal justice systems;
Requests the United Nations Office on Drugs and Crime, subject to the
6.
availability of extrabudgetary resources, to continue to provide advisory services
and technical assistance to Member States, upon request, in the area of criminal
justice reform, including restorative justice, alternatives to imprisonment and the
development of integrated plans for the provision of legal aid;
Also requests the United Nations Office on Drugs and Crime, subject to
7.
the availability of extrabudgetary resources, to make the Principles and Guidelines
widely available, including through the development of relevant tools such as
handbooks and training manuals;
Invites Member States and other donors to provide extrabudgetary
8.
resources for the purposes described above, in accordance with the rules and
procedures of the United Nations;
Requests the Secretary-General to report to the Commission on Crime
9.
Prevention and Criminal Justice at its twenty-third session on the implementation of
the present resolution.
60th plenary meeting
20 December 2012
Annex
United Nations Principles and Guidelines on Access to Legal Aid in
Criminal Justice Systems
A.
Introduction
1.
Legal aid is an essential element of a fair, humane and efficient criminal
justice system that is based on the rule of law. Legal aid is a foundation for the
enjoyment of other rights, including the right to a fair trial, as defined in article 11,
paragraph 1, of the Universal Declaration of Human Rights,1 a precondition to
exercising such rights and an important safeguard that ensures fundamental fairness
and public trust in the criminal justice process.
2.
Furthermore, article 14, paragraph 3 (d), of the International Covenant on
Civil and Political Rights2 states that everyone should be entitled, among other
rights, “to be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing; to be informed, if he does not have legal assistance,
of this right; and to have legal assistance assigned to him in any case where the
interests of justice so require, and without payment by him in any such case if he
does not have sufficient means to pay for it”.
3.
A functioning legal aid system, as part of a functioning criminal justice
system, may reduce the length of time suspects are held in police stations and
detention centres, in addition to reducing the prison population, wrongful
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