Do you have the right to communicate with the outside world?
You still have the right to communicate with the outside world when detained. 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 detention facility to inform your family where are you detained:
- inform your family about your whereabouts
- right to send documents at your own expense;
- in order to exercise your rights, you may lodge requests and complaints with public authorities of the Slovak Republic, which shall be sent by the police department immediately;
- right to order, at your own expense, books, daily press and magazines including foreign ones if they are distributed in the Slovak Republic.
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.
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. More information can be found in the Act on Residence of Foreigners.
What human rights violation may there be?
Your right to communicate 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, 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 according to the daily order at the place of detention, but meetings must not 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 an opportunity to appeal them before a higher authority. Read more about how to complain.