CAT/OP/POL/CSPRO/1 Contact with the outside world 145. As for the recommendation concerning the safeguard that persons under pre-trial detention (including foreigners) could be visited and call family members and other people (paras. 114–117 of the report), each person under pre-trial detention, upon admission or immediately after being admitted to the pre-trial detention centre, may exercise their right to inform a relative or another person, association, organisation or institution and the defence lawyer, competent consular authority or competent diplomatic representation, in the case of foreigners, about their whereabouts by means of a written notification sent to the address specified by the detainee. 146. The administration of penitentiary facilities grants the family and other persons the right to visit a detainee under pre-trial detention, to whom the regulations on the execution of imprisonment do not apply, based on a visit approval from the disposing authority. It is also the disposing authority (the authority at whose disposal the detainee is) that decides, by means of a relevant instruction, on whether the detainee under pre-trial detention may use a phone. The detainee under pre-trial detention may use a phone based on the provisions of the organisational and order rules governing the execution of pre-trial detention. 147. In response to the recommendation to ensure confidentiality of lawyer–client communication, both via phone and traditional letters, and to remove any barriers in access to and communication with a lawyer of persons arrested within investigation proceedings, if there are any limitations in this regard, they are related exclusively to the need to ensure the proper course of criminal proceedings. Detainees under pre-trial detention are entitled to communicate with their defence counsel, legal representative who is an advocate or an attorney-at-law, as well as with a representative who is not an advocate or an attorney-atlaw, but has been approved the President of the European Court of Human Rights’ Chamber to represent the convicted person before the Court in absence of other persons and for correspondence purposes. If the authority at whose disposal the detainee under pre-trial detention is, determines that a visit is possible but a representative of such authority or another authorised person must be present during the visit, the visit is proceeded with in such a manner as specified by the authority. The Prison Service grants the defence counsel or the representative who is an advocate or an attorney-at-law the right to visit a detainee under pre-trial detention, to whom the regulations on the execution of imprisonment do not apply, based on a visit approval from the disposing authority. It is also the disposing authority (the authority at whose disposal the detainee is) that decides, by means of a relevant instruction, on whether the detainee under pre-trial detention may use a phone. As a rule, any correspondence of the detainee under pre-trial detention with their defence counsel or representative who is an advocate or an attorney-at-law is sent directly to the addressee, unless the authority at whose disposal the detainee is, decides otherwise in particularly justified cases. 148. As for the steps taken by the Prison Service officers to ensure proper translation and interpreting services for foreigners, communication without language barriers between officers and the staff of penitentiary facilities and detained foreigners is important at each stage of administrative procedures related to the execution of pre-trial detention, penalties and coercive measures resulting in the deprivation of liberty. Therefore, as part of a project funded from the Norwegian Financial Mechanism for 2009–2014, the Prison Service purchased for each penitentiary facility mobile language translation devices which respond to the needs and specific nature of correctional facilities and pre-trial detention centres. 149. Additionally, the funds from the programme were also spent on English courses for the Prison Service staff. The administration of penitentiary facilities has information brochures in foreign languages for foreigners. 150. As far as Recommendation No. 115 is concerned, the applied practice in this regard arises from the decision made by the authority in charge of criminal proceedings and it is difficult to introduce uniform rules in this regard. Equally controversial is the recommendation described in point 117. Contact between the lawyer and the client should be free and unhindered, but in the case of pre-trial detention, due to the nature of this measure, it will be always subject to rationing and registering carried out by the authority in charge of proceedings. 33

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