THE POSITION OF THE DEFENSE ATTORNEY HAS BECOME A CONTROVERSIAL ISSUE IN WEST GERMANY'S FIGHT AGAINST TERRORISM. SINCE 1975 AND 1976, SEVERE LEGAL RESTRICTIONS HAVE BEEN IMPOSED ON THE DEFENSE ATTORNEY'S RIGHTS: (1) LIMITATION OF THREE ATTORNEYS FOR EACH DEFENDANT, (2) SUSPENSION OF ATTORNEYS SUSPECTED OF BEING ACCESSORIES AFTER THE FACT TO THE DEFENDANT, (3) SURVEILLANCE OF ATTORNEY-DEFENDANT MAIL UNDER CERTAIN CIRCUMSTANCES, AND (4) IN THE WAKE OF THE SCHLEYER KIDNAPPING) THE COMPLETE ISOLATION OF A DEFENDANT FROM THE OUTSIDE WORLD (INCLUDING HIS ATTORNEY) FOR UP TO 30 DAYS IF THE LIFE AND LIBERTY OF ANOTHER PERSON ARE AT STAKE. THE CONSTITUTIONALITY OF THESE RESTRICTIONS IS QUESTIONABLE. IN THE GERMAN CONSTITUTION, THE ACCUSED HAS THE RIGHT TO A FAIR TRIAL AND TO 'EQUALITY OF WEAPONS.' IN ADDITION, THE ACCUSED'S RIGHT TO CHOOSE HIS OWN DEFENSE FORMS PART OF THE CONVENTION OF HUMAN RIGHTS. EXPERTS ARGUE THAT THE SUSPENSION OF THE DEFENSE ATTORNEY'S PRESENCE IS ONLY JUSTIFIED IF THE LATTER DELIBERATELY OBSTRUCTS THE PROGRESS OF THE TRIAL; HOWEVER, THE DANGER OF ABUSE IS CONSIDERABLE HERE SINCE THE STATE OF OBSTRUCTION IS HARD TO DEFINE. THE SURVEILLANCE OF COMMUNICATION BETWEEN DEFENDANT AND DEFENSE ATTORNEY CONSTITUTES A VIOLATION OF THE 'EQUALITY OF WEAPONS' SINCE THE INFORMATION MIGHT BE PASSED ON TO THE JUDGE WHO WOULD THEN HAVE AN ADVANTAGE OF INFORMATION OVER THE DEFENDANT. THE ABUSE OF RIGHTS TO COUNSEL DEFENSE IS NOT SERIOUS ENOUGH TO WARRANT SUCH DRASTIC RESTRICTIONS. LEGISLATORS SHOULD CONCENTRATE ON PREVENTIVE MEASURES, SUCH AS EXTENDED POLICE RIGHTS. FOOTNOTES ARE INCLUDED. --IN GERMAN. (SAJ)