Prosecuted By The Communication Right

Contacting with the outside world is one of the basic human rights. Persons deprived of their liberty have the right to enjoy the same human rights as peisons at liberty, subject only to those restrictions that are an unavoidable consequence of the confinement. This is guaranteed by international law and stipulated in some countries' criminal procedural law.Detainees or prisoners have the right to contact with the outside world mainly means that they shall be allowed to communicate with their family, their lawyers and reputable friends at regular intervals, by receiving visits , transferring necessary things and by correspondence, and no detainee or prisoner shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence. This is also specified by the International Covenant on Civil and Political Rights.Firstly, contacts between a lawyer and his client is privileged and confidential, this is the basic rule and also continues to apply when the clients are deprived of their liberty. This is not only for the lawyer-client relationship, but also for the protection of the detainees' defending rights. Then, in exceptional circumstances, this confidentiality has to be restricted, but only be restricted in circumstances to be specified by law or lawful regulations.For the purposes of the detained or imprisoned person's human rights, competent authorities should guarantee the detainee or prisoner enjoy the right to communicate and consult with his legal counsel, this includes to receive visits from his legal adviser with a view to his defense and to prepare and hand to him confidential instructions. Furthermore, the detainee shall be allowed adequate time and facilities for consultation with his legal counsel and there should not be unnecessary delay or censorship and interference with their consultation.Apart from the visits, correspondence is another important link between a detainee and his legal counsel. Sometimes, the opportunity to write and to receive letters is the detainee's only link with the outside world, and it should not be overlooked. The correspondence also has confidentiality as visitation, but when the authorities have reasonable cause to believe that the privilege is being abused in...