Restrictions on intimate visits in prison are permissible
Published: Monday, Feb 12th 2024, 12:10
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The Vaud prison authorities were right to reject the request of a prisoner who wanted an intimate visit. This was decided by the Federal Supreme Court. The man was unable to show that he had been in a long-term relationship with the woman.
In principle, prisoners should be able to have contact with their family members and loved ones so that they can maintain their relationships. This is what the Federal Supreme Court wrote in a ruling published on Monday. However, restrictions are permissible - including intimate visits, which are possible in the canton of Vaud.
Precisely because all of these visits serve to continue the relationship, the prisons are allowed to require that they have already existed for couples prior to imprisonment or have been maintained for at least six months. This is compatible with fundamental rights, as the Federal Supreme Court writes.
More than the minimum
With the intimate visits, the canton of Vaud is offering more than the European Court of Human Rights requires for compliance with the right to respect for private and family life. The cantons have a great deal of discretion in this regard.
In the specific case, the convicted man had requested an intimate visit. However, he had previously had little contact with the woman in question. And even a note in a police report that the prisoner had had intimate contact with the woman before his imprisonment is not sufficient proof of a long-term relationship. What was also not present was the woman's consent, which was essential for such a visit. (Judgment 7B_471/2023 of 3.1.2023)
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