OBJECTIVE
The objective of this section is to emphasize that, despite being deprived of liberty,
prisoners retain a right to have contact with their family and friends and the outside
world. The principles described in this section should be cross-referenced with those in
chapter 4 of this Manual which refer to the right of family, legal representatives and consular officials to be informed of a prisoner's admission to custody or subsequent transfer.
ESSENTIAL PRINCIPLES
No one shall be subjected to arbitrary interference with his or her privacy, family,
home or correspondence.
All prisoners shall have the right to communicate with the outside world, especially
with their families.
Foreign prisoners shall be allowed to communicate with their diplomatic
representatives.
A prisoner's request to be held in a prison near his or her home shall be granted as
far as possible.
Prisoners shall be kept informed of important items of news.
BASIS IN INTERNATIONAL INSTRUMENTS
Article 12 of the Universal Declaration of Human Rights provides that:
No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence …
Article 17 of the International Covenant on Civil and Political Rights states:
1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence
…
2. Everyone has the right to the protection of the law
against such interference or attacks.
The Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment provides:
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. [principle 19]
If a detained or imprisoned person so requests, he shall
if possible be kept in a place of detention or imprisonment
reasonably near his usual place of residence. [principle 20]
The Standard Minimum Rules for the Treatment of Prisoners provide:
37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends
at regular intervals, both by correspondence and by receiving
visits.
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