Contact with the Outside World

Abstract

This chapter examines the right of international detainees to contact with the outside world. It is the only substantive right of detainees that is dealt with extensively in this study. The chapter describes and analyses the right of detainees to contact with family and friends, with their counsel and with the media. First, the principles and standards underpinning the detainees’ right to contact with these three categories of persons/institutions are examined. Subsequently, the chapter describes the tribunals’ positive law. The evaluation paragraphs analyse the main (positive law) findings on the basis of the underpinning principles and legal standards. In respect of contact of detainees with their relatives and friends, it appears that part of the law is inaccessible and that certain infringements on the rights of detainees are insufficiently foreseeable. It is further argued that the necessity of such infringements is at times inadequately legitimised. Moreover, it is argued that indigent international detainees and their relatives should be offered financial support in order to enable those relatives to visit their confined loved ones. In the next paragraph, it is argued that, in the international context, the right of detained persons to speak freely and confidentially with their counsel must also apply to other (specified) members of the defence team. Finally, in respect of the right of detainees to contact with the media, the ICTY’s case law is discussed at length, including the decision that some form of interactive communication between detainees and the media must be made possible.