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 or people close to you where you have been detained;
- to have meetings with your family or relatives;
- to meet your lawyer in private;
- to meet with representatives of international and non-governmental organizations like representatives of the United Nations High Commissioner for Refugees, International organization for migration or others;
- to receive letters and parcels;
- to write to municipal and state institutions, as well as to national and international human rights institutions;
- to use a pay phone available at the detention centre.
The access of your family members and of persons providing you with legal assistance may be limited on grounds of threat to state security and public order, or based on a decision of the detention facility director, unless it does not considerably limit or prevent access of these persons to you.
You can read more about your rights to communicate in the Act on Residence of Foreigners and the Act on Execution of Detention.
What human rights violation may there be?
Your right to communication may only be restricted in situations allowed by law. Moreover, a restriction can be applied only 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 and the court must never be controlled and you must have an opportunity to hold the meetings with them in private.
If you have received a parcel, it can only be checked in your presence. The administration has the right to organize your meetings with your family according to the daily order and limit them to two people a week for the period of 30 minutes at the place of detention, but meetings must not be completely or repeatedly denied. Any decision by the police to restrict your right to communication must be based on good reasons and you must be given an opportunity to appeal them before a higher authority. Read more about how to complain.