X) Prison visits
3) Convict’s contact with visitors
In some prisons the convicts stated that they were not allowed to have usual contact with the visitors (e.g. touching hands), mostly including their own children. The only physical contact left was the
standard social interaction in welcoming and parting (handshake, kiss). The visiting rooms tend to be
arranged so as to reduce such contacts, as evidenced by the partitions between the visitor and the
convict.
As a rule, physical contact between the convict and the visiting
person was limited by the prison’s internal rules, for example
through the following text: ”A convict may welcome visitors and
part with them using normal social interactions such as handshake etc. Other contacts may be permitted where close persons
are concerned (embrace, kiss). The visits supervisor may permit
a convict’s contact with a minor child during a visit (cradling in the
arms, etc.).”
The above arrangement clearly shows the prison’s endeavour to
minimise the risk of introduction of addictive substances (or other
prohibited items), which is a legitimate requirement. Nevertheless,
it should be noted that specifically when permitting a convict’s contact with a child, preference should
always be given to the child’s interest in the sense of Art. 3 (1) of the Convention on the Rights of the
Child. As the Defender observed in his 2009 statement, permission of contact with a minor child may
not be given for a limited period of time; it may only be stopped if there is justified suspicion that the
child is being misused for introducing prohibited items to the prison. 136
I recommended that prisons ensure contacts as normal as possible during visits, specifically with children, unless this is prevented by security reasons.
I recommend that the General Directorate of the Prison Service:
•• Adjusts the prisons’ practice in the way of routinely enabling contact between the
convict and the visiting children. Limitations may be applied in individual cases based
on security risk assessment.
136
The Public Defender of Rights. Collected Standpoints of the Public Defender of Rights: Prisons. [on-line]. Brno: Office of the Public
Defender of Rights, 2010 [retrieved on 15 May 2015]. P. 126. Available at: http://www.ochrance.cz/fileadmin/user_upload/Publikace/
sborniky_stanoviska/Sbornik_ Vezenstvi.pdf.
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