BackA decree of the Ministry for Justice stipulated that persons in pre-trial detention may have uncontrolled contact in writing and on the phone with their lawyers. Such phone calls may only be made through the phone system of the institution and they may not be controlled; the institution, however, may call back the lawyer in order to make sure the call is legitimate.
Although phone calls to lawyers belong in principle to that category which may not be controlled, in practice, however, there was a possibility for the staff of the penal institutions to listen in shortly, in general for a period of 10 to 30 seconds, into the phone conversations.
In his 2011 inquiry the Ombudsman checked the relevant instructions and established that the measure of the national commander of the penal authorities was contrary to the applicable rule of law. The registration of phone numbers is done by the staff; therefore, it is the responsibility of the staff that only checked defence lawyers’ phone numbers are registered in the system.
In the end the national commander ordered that in accordance with the Ombudsman’s recommendation the contested passage of the measure be set aside and in his circular instructed the commanders of the penal institutions to have the necessary changes made in the phone system in order to ensure that phone conversations may not be controlled.
