the contacts with their lawyer(s)). Moreover, the use of modern technology (such
as free-of-charge Voice over Internet Protocol (VoIP) services) may help prisoners
to maintain contact with their families and other persons.
60. In certain countries, the CPT observed that, according to the applicable rules,
certain restrictions were imposed on all remand prisoners as a matter of policy, for
instance, a total ban on telephone calls, visits or the obligation to receive visits only
under closed conditions (i.e. through a glass partition). In the CPT’s view, applying
such restrictions indiscriminately to all remand prisoners is not acceptable; any
restrictions must be based on a thorough individual assessment of the risk which
prisoners may present.
61. Further, in a number of countries, remand prisoners are obliged to request
authorisation from a judge or prosecutor for every single visit. In this regard, the
CPT considers that remand prisoners should be entitled to receive visits (and make
telephone calls) as a matter of principle, rather than these being subject to authorisation by a judicial authority. Any refusal in a given case to permit such contacts
should be specifically substantiated by the needs of the investigation, require the
approval of a judicial authority and be applied for a specific period of time. If it is
considered that there is an ongoing risk of collusion, particular visits (or telephone
calls) can be monitored.
62. The CPT has repeatedly come across situations where far-reaching restrictions
are imposed on remand prisoners by judicial authorities, in the interests of an
ongoing criminal investigation. Such restrictions may entail a total prohibition of
contacts with the outside world (except with the lawyer) combined with segregation
from all other prisoners, the result being that the prisoners are held for a certain
period under conditions amounting to solitary confinement.
The CPT acknowledges that there may be justification, in an individual case, for
keeping a given remand prisoner apart from certain other prisoners or, in even
more exceptional circumstances, from prisoners in general, and for restricting his/
her contact with the outside world. However, in the CPT’s view, the starting point
for devising regimes for remand prisoners must be the presumption of innocence
and the principle whereby prisoners must not be subject to more restrictions than
are strictly necessary to ensure that they are incarcerated without risk and that the
interests of justice are duly served. Any restrictions should be kept to a minimum
and last for as short a time as possible. Whatever the circumstances, restrictions
should never be applied for the purpose of bringing pressure to bear on persons
remanded in custody in order to induce them to co-operate with the justice system.
Placement in solitary confinement (or in conditions which in practice amount to this)
must be resorted to only in exceptional situations and where there is direct evidence
of a serious threat to the course of justice if the person concerned associates with
particular individuals or other persons in general.
63. Decisions imposing restrictions described in the previous paragraph should
normally be taken when the remand prisoner appears in court and be subject to
appeal in a separate procedure. The written decision should provide reasons for
every restriction imposed and should be given to the prisoner concerned and/or
his/her lawyer. The restrictions must be reviewed by the competent court on a
Remand detention ► Page 35
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