Do you have the right to communicate with the outside world?
Right to communicate
You still have the right to communicate with the outside world when detained on remand. Of course, your right and the opportunity to communicate will be restricted, but it must not be denied completely. You have the following rights of communication in the prison for detained on remand:
- to inform your family where are you detained
- to have a meeting with your relatives or other people for at least two hours once a month
- to send and receive post; if a detainee does not have money, the prison will cover expenses of sending two pieces of correspondence per calendar month
- to receive parcels
- to use the phone at the prison for detention on remand at least twice a month for at least 20 minutes; communication via phone with an attorney is allowed at least once a week
- to send and receive money
- to write to municipal or state institutions, as well as to national or international human rights institutions
Inadmissibility of inspection
Inspection of correspondence is inadmissible in case of correspondence:
- between a detained person and lawyer
- between a detained and the Office of the President, the National Council of the Slovak Republic, the Office of the Government, the Ministry of Justice, the General Prosecutor's Office or the Ombudsperson
- between a detained and a law enforcement authority or court
- between a detained and the state authorities competent to hear complaints concerning the protection of human rights, as well as between a detained and an international body or organization which, under an international treaty by which the Slovak Republic is bound, is competent to hear complaints concerning the protection of human rights
- sent to a detained by a diplomatic mission or consular post of a foreign state
You can read more about the scope and limitations of your communication in the Act on Execution of Detention and the Regulation on the Order of Detention on Remand.
What human rights violation may there be?
Your rights to communication can be restricted only in the situations allowed by law. Moreover, any restriction has to be necessary and proportional. Otherwise, it may result in a violation of your right to private and family life.
For example, your communication with national or international human rights institutions, your lawyer, the court, the prosecution, or diplomatic services if you are a foreigner, must not be controlled.
Your meetings with relatives or other people should normally be private, but may take place in the presence of a guard in certain situations, after a careful examination of your case and aspects of safety. The administration must have well-reasoned decisions for this and you must have an opportunity to appeal them to a higher authority.