5. CONTACT WITH THE OUTSIDE WORLD
122
Authorities should enable prisoners to inform their legal advisors before they are transferred
to another prison or to hospital, and should enable them to contact them upon arrival at their
new location.
123
Authorities should ensure that prisoners are never required to disclose their reasons for
wishing to meet or otherwise communicate with a legal representative. Disclosing these
reasons may put them at risk of harm, particularly if they wish to complain about their
treatment in prison or their conditions of detention.
Restriction of access
124
Access to and communication with a legal representative should never be suspended
or restricted by prison authorities unless there are specific orders from judicial authorities
to do so. Principle 18 (3) of the UN Body of Principles states that the right to consult and
communicate with legal representatives “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.”
Jurisprudence has also clarified that restrictions on the principle of confidentiality are only
justified if there are “compelling reasons” for it, and that they must be subject to review.328
125
The UN Special Rapporteur on torture has made it clear that “[i]n exceptional circumstances,
under which it is contended that prompt contact with a detainee’s lawyer might raise genuine
security concerns and where restriction of such contact is judicially approved, it should at
least be possible to allow a meeting with an independent lawyer, such as one recommended
by a bar association”.329 Similarly, the CPT has stated that if it is exceptionally necessary to
delay access to a lawyer, this must not result in the denial of a lawyer and, in such cases,
the individual should have “access to another independent lawyer who can be trusted not
to jeopardise the legitimate interests of the investigation”.330
Women
126
Prison authorities should pay particular attention to assisting women prisoners to obtain legal
assistance. The commentary to Rule 26 of the Bangkok Rules recognizes that women need
particular assistance “due to their lower educational, economic and social status in most
societies, as well as due to abandonment by families on imprisonment experienced by many
women in different countries”.331
5
Children in prison
136
127
Children in prison may also require specific assistance from prison authorities to understand
their right to legal support, and in establishing and maintaining contact with their
representatives. Prison staff should provide information on their legal rights in a manner
appropriate for their age and maturity, and using language that they can understand.
128
Children in prison have a right to have legal matters determined in the presence of their
parents or legal guardian, unless it is not considered to be in the best interests of the child.
Prison staff may need to also provide information to the child’s parents, guardian(s) or
care-giver(s) to supplement the information provided directly to the child.
328. See: Ibid, commentary on Rule 23, with reference to jurisprudence of the European Court of Human Rights.
329. UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Interim report to the General Assembly,
3 July 2001, A/56/156, para. 39(f).
330. 21st General Report, CPT, op. cit., note 224, para. 22; Report to the Turkish government on the visit to Turkey carried out by the CPT, 13 March 2014,
CPT/Inf (2014) 7, para. 19.
331. The Bangkok Rules, op. cit., note 28, Commentary to Rule 26.
Guidance document on the Nelson Mandela Rules
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