X) Prison visits
1) Dividing visits
The prisons visited took varying approaches to the possibility of dividing the statutory 3 hours of visits
per month. Some prisons allowed the convicts to divide the three-hour visits per month into two visits, 1.5 hour each. Other prisons, on the other hand, did not allow this and the convicts had to receive
a single visit lasting three hours. In my opinion, the former approach, although undoubtedly more
demanding in terms of organisation, is suitable and desirable. In contrast, due to a lack of capacity, in
one of the prisons the convicts were ordered to divide visits instead of having a single three-hour visit.
I recommended that the prisons allow the convicts to divide visits; this should, however, be optional,
not mandatory. Where it is impossible to divide visits, this may have a limiting effect on contact with
close persons because the number of visitors per visit is limited, and when the arranged visit is unable
to arrive, the convict loses visits for the whole month. Mandatory division of visits into two halves may
have an equally limiting effect on contacts with close persons considering that, especially for convicts
placed far away from home, a visit lasting 1.5 hours may be insufficient.
I would like to note in this respect that the statutory 3-hour visiting period is an obsolete minimum
standard that no longer corresponds with the modern concept of punishment, which focuses on adapting prison conditions to free life and maintaining contact with the family. 133 In my opinion, the duration
of visits should be extended while leaving it to the convict to decide whether he uses the set visiting
period all at once or schedules more visits spread over several weeks. In this respect, I identify with
the recommendation of the CPT made in the 2014 report from visits in the Czech Republic, proposing that all convicts should be allowed to receive visits every week, each lasting at least one hour. 134
I would also like to point out that convicts’ right to the minimum visiting period is laid down in Section
19 (1) of the Imprisonment Act, which does not prohibit prisons from regulating longer visiting periods
in their internal rules (or in any other manner).
I recommend that the General Directorate of the Prison Service:
•• Allowes convicts to receive visits for more than 3 hours per month, leaving it to them
to decide how they schedule the visits, and incorporate this change in Art. 13 of Annex
No. 2 to RDG No. 4/2011 (model internal rules); this should be implemented by
30 June 2016.
133
Paradoxically, most convicts have the objective of maintaining contacts with the family or generally with close persons laid down in
their treatment programme.
134
EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT). Report
to the Czech Government on the visit to the Czech Republic carried out by the CPT from 1 March to 10 April 2014. [online]. Strasbourg:
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) [retrieved on 1 December
2015]. P. 48. Available at: http://www.cpt.coe.int/docu – ments/cze/2015-18-inf-cze.pdf.
/48/
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