Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention The detained person must be allowed access to a lawyer and to appear in court to argue his or her case on equal terms with the prosecuting or other authorities; this right also implies that the detained person must have access to all relevant information concerning his or her case (equality of arms). The court must act without delay/speedily, that is, as expeditiously as possible. What is considered to be “without delay” or “speedily” depends on the circumstances of each case. A delay must not be unreasonable and a lack of resources or vacation periods are not acceptable justifications for delay. 7. The Right of Access to and Assistance of a Lawyer As provided in Principle 11(1) of the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, “a detained person shall have the right to defend himself or to be assisted by counsel as prescribed by law”. This right is, of course, a corollary to the principle of equality of arms that was previously dealt with in connection with article 5(4) of the European Convention on Human Rights. ***** Where the complainant had not had access to legal representation from December 1984 to March 1985, the Human Rights Committee concluded that there was a violation of article 9(4) of the Covenant “since he was not in due time afforded the opportunity to obtain, on his own initiative, a decision by a court on the lawfulness of his detention”.225 The same provision was violated in a case where the author had had no access to legal representation for two and a half months.226 The lack of access to a lawyer, whether counsel of his own choice or a public defender, was also an element in the Committee’s decision to conclude that there had been a violation of article 9(3) in the case of Wolf, since the author had not been brought promptly before a judge or other judicial officer authorized by law to exercise judicial power.227 225 Communication No. 248/1987, G. Campbell v. Jamaica (Views adopted on 30 March 1992), in UN doc. GAOR, A/47/40, p. 246, para. 6.4. 226 Communication No. 330/1988, A. Berry v. Jamaica (Views adopted on 7 April 1994), in UN doc. GAOR, A/49/40 (vol. II), p. 26, para. 11.1. 227 Communication No. 289/1988, D. Wolf v. Panama (Views adopted on 26 March 1992), in UN doc. GAOR, A/47/40, p. 289, para. 6.2. 208 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers