f the Custody Act, a detainee (suspect or accused) should dispatch his correspondence to State or municipal authorities and non-governmental organisations through the intermediary of detention facilities. Correspondence addressed to a prosecutor, a court, the federal or regional ombudsman or the European Court of Human Rights should not be monitored. Correspondence to other public authorities, non-governmental organisations or defence counsel should be examined by the administration of the detention facility and dispatched within three days.
C. Other relevant legislation
40. Article 49 of the 2001 Code of Criminal Procedure defines "defence counsel" as a person who represents a suspect or defendant in criminal proceedings and provides him with legal advice. It also specifies that in order to act as defence counsel, an advocate should produce his certificate to practise law and an order from his law firm authorising representation of the person concerned.
41. Section 45 of the 1995 Custody Act provides that handcuffs may be used on a suspect or accused to put an end to his unlawful resistance, and to prevent him from escaping or from causing damage to others or himself.
III. Relevant council of Europe documents
42. The Council of Europe Committee of Ministers adopted Recommendation Rec(2006)2 to member States on the European Prison Rules, the relevant parts of which read as follows:
"23.1. All prisoners are entitled to legal advice, and the prison authorities shall provide them with reasonable facilities for gaining access to such advice.
23.2. Prisoners may consult on any legal matter with a legal adviser of their own choice and at their own expense.
23.3. Where there is a recognised scheme of free legal aid the authorities shall bring it to the attention of all prisoners.
23.4. Consultations and other communications including correspondence about legal matters between prisoners and their legal advisers shall be confidential.
23.5. A judicial authority may in exceptional circumstances authorise restrictions on such confidentiality to prevent serious crime or major breaches of prison safety and security.
23.6. Prisoners shall have access to, or be allowed to keep in their possession, documents relating to their legal proceedings...
24.1. Prisoners shall be allowed to communicate as often as possible by letter, telephone or other forms of communication with their families, other persons and representatives of outside organisations and to receive visits from these persons.
24.2. Communication and visits may be subject to restrictions and monitoring necessary for the requirements of continuing criminal investigations, maintenance of good order, safety and security, prevention of criminal offences and protection of victims of crime, but such restrictions, including specific restrictions ordered by a judicial authority, shall nevertheless allow an acceptable minimum level of contact.
24.3. National law shall specify national and international bodies and officials with whom communication by prisoners shall not be restricted."
43. The 1996 European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights reads as follows:
Article 3
"The Contracting Parties shall respect the right of the persons referred to in paragraph 1 of Article 1 of this Agreement to correspond freely with the Court.
As regards persons under detention, the exercise of this right shall in particular imply that:
...such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.
In applica
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