E/CN.4/1997/7/Add.3
page 25
“3.
The right of a detained or imprisoned person to be visited
by and to consult and communicate, without delay or censorship and
in full confidentiality, with his legal counsel may not be
suspended or restricted save in exceptional circumstances, to be
specified by law or lawful regulations, when it is considered
indispensable by a judicial or other authority in order to
maintain security and good order.
“4.
Interviews between a detained or imprisoned person and his
legal counsel may be within sight, but not within the hearing, of
a law enforcement official.";
(c)
Contacts of all persons deprived of liberty with their families
should also be vouchsafed, in accordance with the following standards of the
same Body of Principles:
16. "1. Promptly after arrest and after each transfer from one
place of detention or imprisonment to another, a detained or
imprisoned person shall be entitled to notify or to require the
competent authority to notify members of his family or other
appropriate persons of his choice of his arrest, detention or
imprisonment or of the transfer and of the place where he is kept
in custody".
19.
"A detained or imprisoned person shall have the right to be
visited by and to correspond with, in particular, members of his
family and shall be given adequate opportunity to communicate with
the outside world, subject to reasonable conditions and
restrictions as specified by law or lawful regulations.";
(d)
Measures should be taken in order to safeguard the right of all
detainees to a proper medical examination. Principles 24 to 26 of the Body of
Principles set forth, in this regard, the following:
"A proper medical examination shall be offered to a detained
or imprisoned person as promptly as possible after his admission
to the place of detention or imprisonment (... .)"
"A detained or imprisoned person or his counsel shall,
subject only to reasonable conditions to ensure security and good
order in the place of detention or imprisonment, have the right to
request or petition a judicial or other authority for a second
medical examination or opinion."
"The fact that a detained or imprisoned person underwent a
medical examination, the name of the physician and the results of
such an examination shall be duly recorded. Access to such
records shall be ensured. Modalities therefore shall be in
accordance with relevant rules of domestic law.";
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