The High Court in Trinidad & Tobago has ruled that the state cannot routinely intercept and record prisoners' communications with their lawyers.
The government had amended the Interception of Communications Act, giving law enforcement officers the authority to listen in, record and utilise telephone communications between prisoners and their lawyers.
The court also declared that key provisions of the law were unconstitutional, illegal, null and void.
The High Court found that amendments, which removed legal professional privilege from most communications made by prisoners, breached several constitutional rights, including the right to retain and communicate with a lawyer and the right to a fair hearing.
The judge also found that the legislation was not passed in accordance with the constitutional procedure required for laws which restrict fundamental rights.
The court found as well that the State's argument that privilege could not reasonably be expected to apply where prisoners used illegal cellular phones erroneous.
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