ENGLISH Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa |  21 (vi) Medical Examination and Assistance: Any individual arrested or detained shall have access to medical services and assistance, and the right to an independent medical examination. At the time of arrest, a person should also undergo a medical inspection, and medical inspections should be repeated regularly and should be compulsory upon transfer to another place of detention. Medical care and treatment shall be provided free of charge. No detained person shall, even with his or her consent, be subjected to any medical or scientific experimentation which could be detrimental to his or her health. All medical care and examinations shall be carried out with respect for human dignity and with due respect for medical confidentiality. Explanatory Note: See, ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guideline 20(b); Report of the Special Rapporteur on the question of torture, Theo van Boven, E/ CN.4/2003/68, 17 December 2002, para. 26(g). U.N. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 24; and ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, Guideline 9(a)(iii) and 16(d). (vii) Outside Communication: Any individual arrested or detained shall be provided meaningful access to his or her choice of legal assistance, family members, representatives, or other persons having a legitimate interest, and in the case of a foreign national, his or her embassy or consular post or relevant international or regional organization. For foreign nationals, the detaining State has an obligation to promptly inform the detainee’s embassy or consular post. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section M(1)(c) and (e) (“Rights Upon Arrest”), Section M(1)(7) (a) (“Right to be detained in a place recognised by law”) and Section M(8) (“Supervision of places of detention”); ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guideline 31; and Organization of African Unity Convention on the Prevention and Combating Terrorism, Article 7, Sections 2-3. C. Pre-Trial and Pre-Conviction Deprivation of Liberty: There is a presumption of liberty and pre-trial detention shall be an exceptional measure that shall be used as a means of last resort, and alternatives to pre-trial detention shall be employed at as early a stage as possible. Unless there is sufficient evidence that deems it necessary to prevent a person arrested on a criminal charge from fleeing, interfering with the administration of justice, or posing a clear and serious risk to others, States must ensure that they are not kept in custody prior to, or pending, the final outcome of their trial. If a court grants bail/provisional release, any refusal by the executive to implement that order undermines the independence of the judiciary. Expectant mothers and mothers of infants shall not be kept in custody pending their trial. Explanatory Note: See, African Charter on Peoples’ and Human Rights, Article 6; U.N. Standard Minimum Rules for Non-custodial Measures (the “Tokyo Rules”), U.N. General Assembly, Resolution 45/110, 14 December 1990, Rule 6 (Avoidance of pre-trial detention); ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section M(1)(e-f) (“Right to Liberty and Security”); Comms. 143/95-150/96, Constitutional Rights Project and Civil Liberties Organisation v. Nigeria (November 1999), para. 30; and EACJ, James Katabazi & 21 Others v. Secretary General of EAC & Another. D. Humane Treatment of Individuals Deprived of Liberty: All persons detained or whose liberty is being restricted shall be treated in accordance with relevant regional and international human rights standards. This includes, but is not limited to: