20 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa ENGLISH (ii)  Notification of Reasons for Arrest or Detention and Notification of Charge: Any individual arrested or detained shall be informed, at the time of arrest or detention and in a language he or she understands, of the reason for his or her arrest or detention and shall be promptly informed, in detail, in a language he or she understands, of the nature and cause of any charges filed against him or her. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section M(2)(a) (“Rights Upon Arrest”) and Section N(1)(a-b) (“Notification of charge”). (iii) Right to Legal Representation: Any individual arrested or detained, or who is not deprived of liberty but who is suspected of, or charged with, an offence, has the right to defend him or herself through legal representation of his or her choosing at all stages of a criminal, administrative, or any other form of legal proceeding. The accused shall have a right to have legal assistance assigned to him or her in any case where the interest of justice so require, and without payment by the accused if he or she does not have sufficient means to pay for it. These above rights apply from the moment of arrest or detention and prior to and during any questioning. States shall not block access to legal representation, and must meaningfully facilitate legal representation of the individual’s choosing. States shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. Explanatory Note: See, African Charter on Peoples’ and Human Rights, Article 7(1)(c); ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section H(a-b) (“Legal Aid and Legal Assistance”), Section I(b-c) (“Independence of Lawyers”), Section N(2) (“Right to counsel”), and Section N(3)(a) and N(3)(e)(1-2) (“Right to adequate time and facilities for the preparation of a defence”); Organization of African Unity Convention on the Prevention and Combating of Terrorism, Article 7(3); and ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guideline 31. (iv) Right to Non-Self-Incrimination: The right of persons undergoing questioning to remain silent shall be respected at all times. It shall be prohibited to take undue advantage of the situation of a detained person for the purpose of compelling or inducing him or her to confess, to incriminate himself or herself, or to testify against another person. Explanatory Note: See, ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, Guideline 9(b). (v)  Right to Promptly Challenge Detention: Any individual who is deprived of liberty in any situation, by or on behalf of a governmental authority at any level including detention by non-state actors that is authorized by domestic law, has the right to take proceedings before a competent, independent, and impartial court in that State’s jurisdiction to challenge the arbitrariness and lawfulness of his or her deprivation of liberty without delay and receive without delay appropriate and accessible remedies. The court should guarantee the physical presence of the detainee before it, especially for the first hearing of the challenge to the arbitrariness and lawfulness of the deprivation of liberty and every time that the person deprived of liberty requests to appear physically before the court. The detainee has the right to challenge his or her detention periodically. If the judicial authority decides that the detention is unlawful, individuals have the right to release without delay. Explanatory Note: See, U.N. Working Group on Arbitrary Detention, Draft Basic Principles and Guidelines on remedies and procedures on the right of anyone deprived of their liberty to bring proceedings before a court, Principles 3, 6, and 11; and ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, Guideline 35.