Interference in Prison Communications & Judicial Control
Interference in Internal Communications and Judicial Control
Oral Communications
May be limited in different ways: denied or restricted as to the people. They are different concepts. The denial is to prohibit an inmate all oral communications, whatever their class, both individuals and determined and a restriction to prohibit, for example, intimate, and to authorize others, such as call centers, and also particular individuals determined. What is not possible to prohibit all oral communications with all persons.
Written Communications
Including on-center, these communications can only be operated, i.e., read by the officials.
If the communication was written in a language that can translate into the establishment, refer to the Management Centre, with the consequent delay in the delivery of mail this poses to the inmate.
If it decides to intervene written communication that an inmate will be limited to two letters that you may receive the procedure in languages other than Castilian or a league official in the territory in which the Establishment is.
Telephone Communications
Although the regulation is silent on the interception of telephone communications, it has to understand that it is possible, with the same regime as the oral.
The only reasons why it is possible to order the action or limitation of communications in the prison system are: security, treatment of interest, and good order of the institution.
The procedure, under penalty of nullity, are motivated agreement of the Director on the report of the Board of Treatment, if the reason is the interest of treatment, notification of the action internal agreement and report to the JVP or the judge to whom it reports if it is preventive.
Private Visits and Coexistence
Special oral communications are the intimate, family, and social activities. They are limited to those prisoners who do not enjoy regular furloughs, i.e., first degrees, sanctioned or have not complied with ΒΌ of the sentence or serving permission was not granted.
Visitors cannot carry bags or packages and are allowed his full naked body search by security based on concrete and specific, for example, suspected to be putting objects or substances.
Its setting also corresponds to the Board. Usually held Monday through Friday.
Intimate Visits
Are granted upon request of the inmate, with a spouse or partner, be it homosexual or heterosexual. For the first accreditation of marriage is sufficient, and in the case of a non-married partner, it is necessary to prove a certain stability in the relationship – booths visits, telephone calls, correspondence, etc., or a certificate of cohabitation, although it is clear that Councils are remarkably little careful and diligent to extend the licenses. This is intended to avoid, where possible, the entry of prostitution in prisons.
Family Communication (With Family, Friends, and Relatives)
They have the same legal status as above (internal and subsequent request authorization, once accredited by any means the relationship) and must also take place in suitable housing. Its duration is one hour minimum and a maximum of three once a month.
Coexistence
They are a novelty of the Prison Regulations 1996. Authorizing the same people that intimate, accompanied children under 10 not living with the mother in prison.
Communications and Class (Important)
They are classified as follows:
A. In the Common System
- Oral presentations
- Ordinary
- Special
- Written
- Phone
B. The Special Scheme
- With Lawyers and Attorneys
- With Authorities and professionals
- With Judges, Prosecutors, and the Ombudsman
- With notaries, doctors, ministers of religion
Oral Presentations
These are classified into regular, i.e., booths (for windows) and special communications, which are the intimate (vis a vis), family, and social activities.
Oral communications through call centers develop in the days and times determined by the Board of Directors. Usually set on the weekend, which is the least disturbance to the majority of families, leaving the remaining days to weeks Dela intimate communications, family, and social activities.
Are authorized, in the case of inmates classified in the first or second degree. There are two communications to the week of 20 minutes duration, cumulative to one of 40 minutes. If it comes to third grades, where possible.
They can communicate: the relatives, the documentary evidence proving kinship, relatives or friends, requiring authorization of the Director. They cannot communicate with the inmate more than four people at a time.
Written Communications
They can be made either by mail, regular or certified as a telegram. And you can go to any person or institution, without limitation as to the number that the inmate can issue or receive, except where it has ordered the intervention.
Those who receive the procedure must be recorded in the corresponding book and open up to present to confirm that the addressee does not contain prohibited items.
Those who submit, whether by weight or volume is higher than normal and leads to suspicion, are returned to the sender so that the insert in another envelope provided by the Administration.
Telephone Communications
Under Article 47 of the RP should be authorized in the following cases:
- Remoteness of kin or impossibility of getting to visit the inmate (i.e., if unable to place the oral communications).
- When it has to communicate an issue important to their families, the defense counsel, or others.
Notwithstanding the foregoing, it is normal to authorize a phone call a week regardless of whether communicating or not. It is one of those cases where the custom goes beyond the contents of the standard.
In terms of procedure, it requires an internal request of the Director, and although the legislation provides that takes place in the presence of an official, this limitation is null and void, as this affects the privacy and secrecy of communications.
It authorizes a maximum of five calls a week and the cost is borne by the domestic, except those made to communicate the imprisonment or relocation of the Centre.