Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial “For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.” Principle 18 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides further details in this respect: “1. A detained or imprisoned person shall be entitled to communicate and consult with his legal counsel. 2. A detained or imprisoned person shall be allowed adequate time and facilities for consultation with his legal counsel. 3. The right of a detained or imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order. 4. Interviews between a detained or imprisoned person and his legal counsel may be within sight, but not within the hearing, of a law enforcement official. 5. Communications between a detained or imprisoned person and his legal counsel mentioned in the present principle shall be inadmissible as evidence against the detained or imprisoned person unless they are connected with a continuing or contemplated crime.” According to Principle 15 of the Body of Principles, “communication of the detained or imprisoned person with the outside world, and in particular his family or counsel, shall not be denied for more than a matter of days”. The Human Rights Committee itself has stated in its General Comment No. 20 on article 7 that provisions “should ... be made against incommunicado detention”.71 The right to legal assistance, including legal assistance without payment where the suspect has insufficient funds, is also guaranteed by Rule 42(A)(i) of the Rules of Procedure and Evidence of the Rwanda and Yugoslavia Tribunals. Moreover, Rule 67(A) of the Rules of Detention of the Yugoslavia Tribunal provides that “each detainee shall be entitled to communicate fully and without restraint with his defence counsel, with the assistance of an interpreter where necessary” and, further, that “all such correspondence and communications shall be privileged”. Lastly, Rule 67(D) of these Rules of Detention stipulates that interviews “with legal counsel and interpreters shall be conducted in the sight but not within the hearing, either direct or indirect, of the staff of the detention unit”. Similar provisions are contained in Rule 65 of the Rules of Detention of the Rwanda Court. ***** 71 United Nations Compilation of General Comments, p. 140, para. 11. 236 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers