OPEN RESEARCH BEHIND CLOSED DOORS
applied, posed other, new challenges to facility administration, staff, persons concerned and their relatives (see below).
While these alternatives to visits offer ways to compensate for the regular visits, in Austria, Germany and Italy, persons concerned and relatives
reported that the lack of closeness and physical contact was particularly
straining. Especially for children who could not comprehend why they
were not allowed to touch and during specific periods see their family
member. This lack of contact can have long-term effects on the relationship between family members and the children’s mental health.38
KEY MESSAGES ON THE ROLE OF TECHNOLOGY:
Right to family life
» The use of new technologies can bring about benefits since it can
substitute time-consuming travel to a facility. Moreover, it can enable to see the relatives, including those living abroad, as well as
the familiar surroundings and increase the exchange (e.g., through
secured mobile phones).
» Detention facilities tend to possess a poor technological infrastructure, which prevents the accessibility/usability of new technologies
in practice. To mitigate the negative impact of the limitations or
bans on visits, the technical infrastructure needs to be available.
» Introducing technology permanently into the system of preventive
measures poses the risk of substituting personal contact against
the will of persons concerned. Technology should be applied in addition to regular visits and should not replace them.
Contact with the courts and expert witnesses
» The use of new technologies, especially video conferencing, can
bring about benefits for judges, expert witnesses, and persons
deprived of liberty. They can substitute travel to an institution or
court. However, these tools need to be used with care, as not seeing persons in real can influence the perception of the person and
circumstances. Thus, these new technologies can be useful for
meetings, follow-up questions or hearings of small scale but should
never replace the first personal contact or used in highly relevant
hearings when the decision about the (prolonged) deprivation of
liberty is at stake.
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