CHAPTER 22. LETTERS The most practical, and the cheapest, way of maintaining contact when people are apart is usually through the writing and receiving of letters. PRACTICAL RECOMMENDATIONS ■ Until recently, most prison administrations have felt it necessary to read or restrict incoming and outgoing letters. This has usually been justified for several reasons: - As a means of detecting escape plans or the passage of forbidden materials; - So that the authorities can have prior warning if a prisoner receives bad news in a letter; - As a method of gaining criminal intelligence about prisoners, their crimes and their accomplices; - As a method of preventing prisoners telling the outside world about conditions in prison or the actions of staff. ■ Experience has shown, however, that some of these justifications are unnecessary, while others are undesirable or inappropriate in a system committed to the protection of human rights. ■ This is particularly important in respect of correspondence between prisoners and their legal representatives. Prisoners should be able to have confidential communication by letter with their legal advisers. ■ With the exception of a small group of very high-security-risk prisoners, there is little need for any reading or censoring of mail. ■ It may be appropriate to open incoming mail—in the presence of prisoners—to ensure that no forbidden items are enclosed. ■ Although letters and postage may be relatively cheap, the cost may be more than many prisoners can afford. It may be necessary to supply them with writing materials and postage stamps at public cost. ■ Prisoners should be allowed to retain a reasonable number of family photographs. TOPICS FOR DISCUSSION The international instruments confirm the right to privacy. On what grounds can the censoring of prisoners' mail be justified? When is it not necessary? The prison authorities may have decided that there is no need to censor prisoners' mail. However, there is a concern that attempts will be made to smuggle items, such as money or drugs, into the prison in correspondence. How can this problem be dealt with? What special arrangements need to be made for prisoners who cannot read or write? 119