Confidentiality of correspondence and observance thereof Cover Image

Secretul corespondenței și respectarea lui
Confidentiality of correspondence and observance thereof

Author(s): Ion Rusu
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Court case
Published by: Institutul Român pentru Drepturile Omului
Keywords: the confidentiality of correspondence; Constitution of Romania; ECHR's jurisprudence;

Summary/Abstract: In his article, the author comments on the confidentiality of correspondence and the observance thereof in Romania. In conformity with art. 17 in the International Covenant on Civil and Political Rights, which stipulates that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, the Constitution of Romania provides in art. 28 for the inviolability of the secrecy of the letters, telegrams and other postal communications, of telephone conversations, and of any other legal means of communication. Obligation to observe the confidentiality of correspondence is incumbent on both natural and legal persons and public authorities. It comes out that no one is entitled to hold back, open, read, destroy, make public a correspondence that isn't addressed to him, while having the obligation to restore it to the addressee. Delicate problems are raised by the aspect of intercepting telephone conversations or correspondence in the administrating justice, which the author further refers to, while illustrating with cases from ECHR's jurisprudence related to Romania.

  • Issue Year: 2006
  • Issue No: 4
  • Page Range: 20-23
  • Page Count: 4
  • Language: Romanian