Prison staff should not restrict or monitor your communication with your lawyer. The correspondence and telephone conversations with your lawyer must be completely confidential.

Correspondence with your lawyer is confidential even where the lawyer 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 lawyer will violate your right to privacy and freedom of correspondence.

Right to a fair trial

Monitoring or restrictions on correspondence with your lawyer may affect your ability to present your case at the state institution or in court. Free communication with your lawyer is especially important in a criminal trial. If you are not allowed to freely and privately communicate with your lawyer, 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 Director of Directorate General “execution of Punishments”, the prosecutor or to the court . Read more about how to complain.

Resources

Last updated 01/02/2019