Constitutional Court to assess detainees' right to extended visits from relatives

Latvia's Constitutional Court, which reviews whether laws comply with the country's fundamental law, has opened a case on the right of persons in pre-trial detention to extended visits. The court will assess whether the current rules conform to Article 96 of the Constitution, which protects the right to respect for private life. The outcome will determine whether detainees may in future be able to receive longer visits from their loved ones.

What is being challenged

The case concerns point 6 of the first paragraph of Article 13 of the Law on the Procedure for Holding in Detention, insofar as it does not give detainees the right to extended visits with relatives, a spouse or other persons. At present the provision guarantees a visit of at least one hour, no less than once a month. The exception is where the person directing the proceedings has imposed restrictions on meetings and communication.

How the case reached the court

The case was initiated following an application from the Administrative District Court. That court is hearing a dispute in which a person in detention asks that the Prison Administration be obliged to permit extended visits with a partner and relatives. The person argues that short visits alone do not offer a real chance to maintain social and family ties.

The Prison Administration has explained that a short visit is one of up to two hours, while an extended visit lasts from 12 to 48 hours. It considers that the law allows detainees only short visits, because the fifth paragraph of Article 13.1 requires visual supervision of detainees during visits. For extended visits, this would significantly restrict the privacy of both the detainee and visitors.

The Administrative District Court takes the view that the contested provision provides neither a right to extended visits nor an individual assessment for granting them, while convicted prisoners are said to have such rights. In its view, the right protected by Article 96 of the Constitution is therefore violated.

Next steps

The Constitutional Court has invited the Saeima, Latvia's parliament, to submit a written reply by 28 December, setting out the facts and legal reasoning. The case must be prepared by 29 March 2027, and the court will decide on the form and date of the hearing after that.