Decisions of domestic courts referring to the European Convention on Human Rights

Abstract

The investigating judge’s right of censorship in relation to the sending and receipt of letters by persons on remand (as governed by Section 187 of the Code of Criminal Procedure (former version) and Sections 187 and 188 of the Code of Criminal Procedure in the version set out in the Criminal Procedure (Amendment) Act 1972) clearly falls within the list of exceptions provided for in Article 8 (2) of the European Convention on Human Rights. These restrictions on the correspondence of remand prisoners — the corresponding provisions for sentenced prisoners may be disregarded as irrelevant — are not contrary to the fundamental right to respect for correspondence guaranteed (inter alia) under Article 8 (1) of the European Convention on Human Rights and are hence constitutionally unobjectionable.