Public Defender Issues Recommendation to the Minister of Justice

The Public Defender has issued a recommendation to the Minister of Justice aimed at ensuring the confidentiality of lawyers' professional working notes within penitentiary institutions and guaranteeing that these notes can be taken out of the facilities without hindrance.

According to the Public Defender’s assessment, a lawyer’s working notes may contain significant information related to a criminal case—including defense strategies, evaluations of evidence, details regarding the questioning of witnesses, and other data pertinent to trial preparation. The Ombudsman notes that protecting the confidentiality of such information is essential for upholding a lawyer’s professional independence and ensuring the effective exercise of the right to a defense.

The statement further asserts that a lawyer’s professional notes should be distinguished from a prisoner’s correspondence, and that the rules established for the handling of correspondence should not automatically apply to these notes. The Ombudsman has issued a recommendation to Paata Salia to develop or clarify a clear procedure regarding the bringing in and taking out of lawyers' professional work records.

Furthermore, for the purpose of ensuring the security of these records, any inspections must be limited to measures that are strictly necessary and permitted by law; the procedures must eliminate the risks of unauthorized access to the content of the records, as well as the risks of copying, retaining, or disclosing such information.

"The Public Defender emphasizes that while maintaining security within penitentiary institutions is important, the relevant procedures must be based on a legal foundation and must be both necessary and proportionate. Measures taken to ensure security must not compromise the protection of a lawyer's professional confidentiality or the effective exercise of the right to a defense," the statement reads.