CAT/OP/CHE/CSPRO/1 94. No changes will be made to remedy the lack of direct access to running water or the lack of privacy in the disciplinary cells until the planned maintenance work is complete. The current arrangements are in place for security reasons. For instance, lockable areas in cells might prevent staff from responding expeditiously to suicide attempts. However, the video images of the toilet areas in disciplinary cells in the Bern regional prison are pixelated. Similarly, the presence of running water in cells would create a substantial risk of pipes becoming blocked and cells flooding, which could endanger the inmates. However, persons in disciplinary cells may request and receive sufficient water at any time. Living arrangements Persons detained under criminal law 95. Paragraph 108: The Subcommittee recommends that pretrial detainees be able to receive visitors and be authorized to communicate with their families and other persons under the same conditions as convicted prisoners, unless a judicial authority has imposed, in an individual case and in keeping with the principles of necessity and proportionality, a specific prohibition for a given period. The Subcommittee is of the view that respect for the right to family contact is particularly important for pretrial detainees, in the light of the principle of presumption of innocence and the rights to privacy and family life. 96. The contact that pretrial detainees may have with the outside world is governed by article 235 of the Code of Criminal Procedure. This provision stipulates that the liberty of pretrial detainees may be restricted only to the extent required by the purpose of the detention and the need to maintain the order and security of the detention facility (para. 1). Paragraph 2 states that any contact between pretrial detainees and third parties is subject to the authorization of the persons overseeing the proceedings and that visits may be supervised if necessary. Unless a pretrial detainee fails to respect the order and security of the place of detention or there is a risk to the proceedings (in particular, the risk of collusion), he or she may generally receive visits or communicate with relatives by telephone, Skype or letter. According to the case law of the Federal Supreme Court, persons in pretrial detention are entitled to receive such visits to the extent permitted by the circumstances (for example, provided that there is no risk of collusion, which may be ensured by means of supervised visits if necessary).18 Persons detained under administrative law (law on foreign nationals) 97. Paragraph 109: The Subcommittee is deeply concerned about the detention in prisons for relatively long periods of foreign nationals subject to coercive measures. 98. From 2017 to 2019, the average duration of administrative detention imposed under the law on foreign nationals was less than one month (28 days). Persons detained for six months or more were the exception, accounting for less than 3 per cent of cases. 99. Paragraph 110: In the Bern regional prison, administrative detainees were in principle to be accommodated solely on the floor set aside for them, but some had been placed on the floors intended for persons detained under criminal law. 100. The authorities of the Canton of Bern have recognized the need for action in the area of administrative detention and have planned, or have already taken, appropriate measures in cooperation with the responsible authorities. Since 1 July 2018, the Office for Judicial Enforcement has been running the Moutier regional prison, which has 28 places, as a specialized facility for the enforcement of coercive measures under the law on foreign nationals. Administrative detainees have been admitted to the Bern regional prison solely for reception and transit since 1 September 2019. Stays are limited to four days. The 11 administrative detention places in the Bern prison make up a residential unit, where cells remain open for longer periods. 101. Paragraph 111: The administrative detainees had an open-door regime, which, however, was applied only from 7.30 a.m. to 11 a.m. and from 6.30 p.m. to 8 p.m., and they 18 GE.21-03864 Federal Supreme Court decision 143 I 241, paras. 3.6 and 4.2. 15