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shall refuse to use such evidence against anyone other than those who used such methods, or
inform the judicial body accordingly, and shall take all necessary steps to ensure that those
responsible for using such methods are brought to justice.
m) In order to ensure the fairness and effectiveness of prosecution, prosecutors shall strive to
cooperate with the police, judicial bodies, the legal profession, paralegals, non-governmental
organisations and other government agencies or institutions.
n) Disciplinary offences of prosecutors shall be based on law or lawful regulations. Complaints
against prosecutors, which allege that they acted in a manner that is inconsistent with
professional standards, shall be processed expeditiously and fairly under appropriate
procedures prescribed by law. Prosecutors shall have the right to a fair hearing including the
right to be represented by a legal representative of their choice. The decision shall be subject
to independent review.
o) Disciplinary proceedings against prosecutors shall guarantee an objective evaluation and
decision. They shall be determined in accordance with the law, the code of professional
conduct and other established standards and ethics.
G. ACCESS TO LAWYERS AND LEGAL SERVICES:
a) States shall ensure that efficient procedures and mechanisms for effective and equal access to
lawyers are provided for all persons within their territory and subject to their jurisdiction,
without distinction of any kind, such as discrimination based on race, colour, ethnic origin,
sex, gender, language, religion, political, or other opinion, national or social origin, property,
disability, birth, economic or other status.
b) States shall ensure that an accused person or a party to a civil case is permitted representation
by a lawyer of his or her choice, including a foreign lawyer duly accredited to the national bar.
c) States and professional associations of lawyers shall promote programmes to inform the
public about their rights and duties under the law and the important role of lawyers in
protecting their fundamental rights and freedoms.
H. LEGAL AID AND LEGAL ASSISTANCE:
a) The accused or a party to a civil case has 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
or party to a civil case if he or she does not have sufficient means to pay for it.
b) The interests of justice should be determined by considering:
(i) in criminal matters:
(1) the seriousness of the offence;
(2) the severity of the sentence.
(ii) in civil cases:
(1) the complexity of the case and the ability of the party to adequately represent himself
or herself;
(2) the rights that are affected;
(3) the likely impact of the outcome of the case on the wider community.
c) The interests of justice always require legal assistance for an accused in any capital case,
including for appeal, executive clemency, commutation of sentence, amnesty or pardon.
d) An accused person or a party to a civil case has the right to an effective defence or
representation and has a right to choose his or her own legal representative at all stages of the
case. They may contest the choice of his or her court-appointed lawyer.
e) When legal assistance is provided by a judicial body, the lawyer appointed shall:
(i) be qualified to represent and defend the accused or a party to a civil case;
(ii) have the necessary training and experience corresponding to the nature and seriousness
of the matter;