ANALYSIS: Rights of Persons Arrested / Accused 39 any member of his/her immediate family, or any medical doctor or priest or religious minister chosen by him/her or by any member of his/her immediate family or by his/her counsel, or by national nongovernmental organization accredited by the Commission on Human Rights, or by any international non-governmental organization duly accredited by the Office of the President. 181 Interviews between the detained or imprisoned person and his/her legal counsel may be within sight, but not within hearing, of a law enforcement officer. 182 Arrest and detention shall not prevent a person from communicating with the outside world, particularly with his family and counsel 183 and the CHR. Visits should be allowed albeit regulated. In case the person arrested is a minor or a foreigner, the notification of his arrest or detention should be addressed to his parents or guardian and with the consular post or diplomatic mission, as the case may be. 184 The right to communicate shall continue throughout the period of detention and upon each transfer of detention place. 185 While matters of security, public order or the exceptional needs of investigation delay the right of a PDL to communicate, such delay must only be for a matter of days. 186 Apparently, the right to be visited has two components: (1) right to communicate freely and in full confidentiality; and (2) right to communicate with family and friends. 1. Right to communicate freely and in full confidentiality The first component refers to communication with “qualified and experienced persons appointed by, and responsible to, a competent authority distinct from the authority directly in charge of the administration of the place of detention or imprisonment.” 187 Representatives from the CHR, for example, through the institution’s mandate on visitorial power, are authorized persons to visit detention facilities. Detainees, under the principle, have the right to communicate with these persons freely and in full confidentiality. This right simply means that a detainee must speak his/her thoughts without fear, reluctance and undue influence or pressure. But CHR experience, however, tells of police/jailers presence even when requested to leave or give some space for a while. 188 There is no room in the police stations to accommodate the interview, thus, interview and legal counselling were instead conducted in open and full view of other detainees and police officers/personnel, within hearing distance and/or where the demeanour of the detainees during the interviews can be observed. 189 These scenarios obviously violate both international and domestic standards. 181 RA 7438, Section 2(f). Principle 18, paragraph 4. 183 Principles 15 and 19, Body of Principles. 184 Principles 15, 16 (2) and (3) and 19, Body of Principles. In case of refugees, notification must be addressed to any competent international organization. 185 Principle 16 (1), Body of Principles. 186 Principle 15 vis-à-vis Principles 16 (4) and 18 (3), Body of Principles. Relate with RA 7438, 9745 and 10353. 187 Principle 29 (1), Body of Principles. 188 SPD-Pasay City PS, SAID-SOU. 189 Anonas QCPD-PS, Galas QCPD-PS. 182