Effective Defence At all stages of proceedings The presence of a legal counsel in death penalty cases is not sufficient. International law demands that counsel is both effective and involved at all stages of proceedings. In General Comment 36 (2018) on the right to life, the UN Human Rights Committee stated that “in cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings [emphasis added].” The General Comment builds on the right, set out in the UN Safeguards, to adequate legal assistance at all stages of the proceedings. Pre-trial stage The participation of lawyers at the initial investigation stage of a death penalty case, following arrest and prior to police interviews is crucial. The involvement of a lawyer at the earliest stage possible is an important safeguard against the risk of torture and coerced confessions. Early involvement also allows lawyers to conduct their own investigations. However, researchers from all the countries in our study reported obstacles that prevented lawyers playing an effective role in the pre-trial stage. In Taiwan, which has a civil law system, defence lawyers are, in principle, allowed to meet and correspond with their clients in custody and the right to do so may only be restricted where there are concerns with obstructing witnesses or the collection of evidence. However, the Code of Criminal Procedure does not grant defence lawyers the right to investigate the evidence. During the investigation stage, if the defence lawyer wants to seek evidence or investigate facts, they must make their case to the investigating authorities. The prosecutors conduct and lead the investigation including obtaining evidence, conducting searches, inquests or commissioning experts. Defence counsel can only be present at the scene when the prosecution carries out their investigation. Although defence lawyers in Taiwan can investigate evidence and call witnesses at the trial stage, lawyers, interviewed by TAEDP, felt this was too late. Not being fully involved at the investigation phase meant some defendants did not receive crucial legal assistance prior to police questioning or during the prosecutor’s investigations and lawyers had less time to prepare their client’s case. In Pakistan, there are no laws or customs providing an accused person with legal representation at the police investigation phase… Particularly for indigent defendants, their first opportunity to access a lawyer will be when they begin interacting with courts. In Pakistan, there are no laws or customs providing an accused person with legal representation at the police investigation phase. Defence lawyers may face difficulties accessing their clients at this stage. Particularly for indigent defendants, their first opportunity to access a lawyer will be when 12