Prison staff should not restrict or monitor your communication with your representative who is an advocate. The correspondence and telephone conversations with your advocate must be completely confidential.
It is prohibited to restrict your right of correspondence or use of telephone for communication with your criminal defence counsel or a representative who is an advocate. It is prohibited to examine the contents of your letters and telephone messages to a criminal defence counsel or representative who is an advocate. It is prohibited to refuse to forward your letters to criminal defence counsels or representatives who are advocates.
Correspondence with your criminal defence counsel or representative who is advocate is confidential even where the criminal defence counsel or representative who is advocate has only just been appointed. Confidentiality does not depend on the issues that you are discussing.
example Even if you have asked the lawyer for help with a matter, such as your divorce, which is unrelated to your criminal case, your letter or discussion is still confidential.
What human rights violation may there be?
Privacy and freedom of correspondence
Unlawful monitoring of correspondence with your criminal defence counsel or representative who is advocate will violate your right to privacy and freedom of correspondence.
Right to a fair trial
Monitoring or restrictions on correspondence with your criminal defence counsel or representative who is advocate may affect your ability to present your case at the state institution or in court. Free communication with your criminal defence counsel or representative who is advocate is especially important in a criminal trial. If you are not allowed to freely and privately communicate with your criminal defence counsel or representative who is advocate , this may violate your right to a fair trial or your right to an effective remedy.
How to complain
If you believe that your correspondence has been unlawfully monitored or restricted, then you should complain about it to the head of the prison or to the Department of Prisons of the Ministry of Justice and subsequently, the Administrative Court. Read more about how to complain.