The Right of Prisoners to Freedom of Expression

Stevanović, Aleksandar and Pavlović, Zoran (2025) The Right of Prisoners to Freedom of Expression. In: Prison Life Organization and Security: Criminological, Penological, Sociological, Psychological, Legal, and Security Aspects. Institute of Criminological and Sociological Research, Belgrade, pp. 449-467. ISBN 978-86-80756-77-6

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Abstract

The authors seek to consider general issues concerning the legal aspects of prisoners' right to freedom of expression. The relevant doctrinal approaches and concepts of importance for the issue in question were analyzed, with reference to the judicial practice, which, from a historical perspective, played a significant role in defining the criteria that justify the restriction of the right to freedom of expression regarding members of the prison population. In this sense, the leading judgments from the case law of the USA as well as the jurisprudence of the ECtHR are pointed out. For the purposes of this research, the right to freedom of expression was viewed in a somewhat broader scope than is the case with the convention and constitutional determination of this right. As part of the right to freedom of expression, matters were analyzed that are usually included and interpreted within the framework of the right to family and private life, considering that maintaining contact with the outside world through the exchange of correspondence is often the most prevalent form of communication that prisoners achieve during incarceration. Also, although most of the analyzed issues refer to prisoners serving relatively longer prison sentences due to their integration into the prison system and living conditions, the principal conclusions and recommendations are equally valid when it comes to persons serving shorter prison sentences, detainees, and persons in relation to which some other form of deprivation of liberty was applied. Keywords: Prison, prisoner, Freedom of expression

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