Firstly, assurances will only be effective if they are sought from and provided by the Pakistani government entities that are responsible for internal security and detentions. In Pakistan, the Ministry of Defense (MoD) and the MoI are in charge of security and detention, and will be responsible for the treatment of individuals transferred to Pakistan. 152 Though the MFA is the United States’ principal interlocutor in negotiating the terms of assurances, any agreement must include input and credible commitments from the MoD and MoI. Guaranteeing access to counsel is critical to ensuring detainees’ rights are respected and that they are protected from abuse. Though detainees have not had legal representation in U.S. detention, immediately granting detainees access to counsel upon being transferred to Pakistani custody—and ideally for some period immediately before they are transferred—could significantly mitigate the risk of abuse detainees face in Pakistan. Detainees should also be provided the opportunity to express any concern themselves, or supply individualized information to U.S. officials relevant to assessing the risk of torture upon return. This includes input into any specific arrangements that could mitigate the risk of mistreatment. Access to independent legal counsel—a constitutional right under Pakistani law—is one of the most effective means of protecting individuals in detention from torture and abuse. 153 Pakistani law also grants counsel the right to regular visits with clients, which will not only deter abuse but also help ensure any mistreatment is promptly identified, ended and adequate remedies are sought. 154 Providing detainees with legal counsel will also help ensure detainees’ due process and fair trial rights are protected while in Pakistani custody, such as the right to challenge any further detention in Pakistani custody, legal representation in the event of prosecution in Pakistan, the right to be informed of the charges against them and access to evidence used against them. 155 Pakistani courts, including the Supreme Court and the Peshawar High Court, have recently demonstrated a willingness to intervene in sensitive national security cases to protect detainees’ rights, highlighting the need for legal counsel to allow detainees repatriated from the DFIP the opportunity to protect their rights. 156 ex-Guantanamo prisoners released’, Daily Times, 28 June, 2005; U.S. diplomatic cable, www.cablegatesearch.net/cable.php?id=07ISLAMABAD333&q=bagram. 152 Rules of Business, Schedule II, 5.1, 18.1, 18.2, 18.31, 18.32. The MoI has administrative control over the Federal Investigation Agency, the Intelligence Bureau and para-military forces such as the Frontier Corps. The MoD has administrative control over the armed forces, including Military Intelligence and the Inter-Services Intelligence. 153 Article 10 Constitution of Pakistan 1973. For access to legal counsel as a strong safeguard against torture, see: APT, “The role of lawyers in the prevention of torture”, January 2008, http://www.apt.ch/content/files_res/roleoflawyers.pdf; “Preventing torture: an operational guideline for national human rights institutions”, May 2010, http://www.ohchr.org/Documents/Countries/NHRI/Torture_Prevention_Guide.pdf, p. 3; “Preventing torture: a handbook for OSCE field staff”, http://www.osce.org/odihr/42871, p. 33; European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT), “21st General Report of the CPT: 1 August 2010 – 31 July 2011”, 10 November, 2011, http://www.cpt.coe.int/en/annual/rep-21.pdf, ps. 15-21; Committee Against Torture, General Comment 2, Implementation of article 2 by States Parties, U.N. Doc. CAT/C/GC/2/CRP. 1/Rev.4 (2007); “General recommendations of the Special Rapporteur on torture”, http://www.ohchr.org/Documents/Issues/SRTorture/recommendations.pdf, p. 2. 154 Article 10(1) Constitution of Pakistan 1973; Rule 538 Pakistan Prison Rules. The Pakistan Prison Rules are a set of laws and regulations governing jails, the duties of jail authorities and the rights of prisoners. 155 Articles 9 & 10 Constitution of Pakistan 1973; Sections 241-A & 265-C Code of Criminal Procedure 156 Waseem Ahmad Shah, “Missing persons freed by forces: KP govt places lists before court”, Dawn, 26 July, 2012, http://beta.dawn.com/news/737515/missing-persons-freed-by-forces-kp-govt-places-lists-before-high- 40