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The Use of Incommunicado Detention International Law and Standards The most significant, and most criticized, feature of Spainâs antiterrorism provisions is the use of incommunicado detention. Incommunicado detention is generally understood as a situation of detention in which an individual is denied access to family members, an attorney, or an independent physician. In some cases, as in Spain, incommunicado detainees do not even have the right to notify anyone about their arrest.
Contemporary Examples. 1  The head of al Qaeda was hiding but he was not incommunicado. 2  If you want to be incommunicado for days on end, become an insurance agent, not a governor. 3  He left town without telling even his wife where he was going and was incommunicado for several days.