Do you have the right to communicate with the outside world?
When detained, you still have the right to communicate with the outside world. Of course, this right and your opportunities to communicate will be restricted, but they must not be completely denied. You have the following rights regarding communication:
- to inform your family or other relatives about the place of your detention
- to inform your employer about the detention, the competent social work center to take care of the children or other persons otherwise cared for, or another competent authority or person if animals or property need to be taken care of
- to communicate with the consular department of your country
- to have meetings with your family members or relatives
- to communicate with competent state or international institutions or organizations working in the field of human rights protection (e.g. ombudsman, competent state or international courts, other state or international oversight bodies, NGOs, humanitarian organizations etc.)
- to meet with representatives of international organizations and NGOs
- to receive letters and parcels
- to write to municipal and state institutions, as well as to national and international human rights institutions, while the police officers do not have the right to inspect the writing
- to use a pay phone available at the detention centre
You can read more about your rights and the order for communication in the Police Tasks And Powers Act (Articles 67 and 70) and in the Foreigners Act (Article 4).
What human rights violation may there be?
Your right to communicate may only be restricted in situations allowed by law. Moreover, a restriction can only be applied after an individual assessment of your situation and must not restrict your right more than necessary. Otherwise, it may result in a violation of your right to private and family life.
For example, your communications with national and international human rights institutions, your lawyer, the court or diplomatic services must never be opened or checked. If you have received a parcel, it can only be checked in your presence. The administration may organize your meetings with your family members according to the schedule of the place of detention, but the meetings must never be completely or repeatedly denied.
Any decision by the administration to restrict your right to communicate must be based on good reasons and you must be given the opportunity to appeal them before a higher authority. Read more about how to complain.