Do Not Leave - The Constitutional Court Will Consider the Right of Detainees to Long Visits

The court will check whether the provision of the Law on the Procedure for Detention, which does not provide detainees with the right to long visits, complies with Article 96 of the Constitution of Latvia. Article 96 guarantees the right to privacy. Currently, the law allows detainees to meet with relatives, spouses, and other persons no less than once a month for a duration of at least one hour. Exceptions are made in cases where the official responsible for the criminal process imposes restrictions on meetings and communication. The reason for considering the issue was a statement from the Administrative District Court. It is handling the case of a person who, while in custody, demanded that the Prison Administration (IeVP) be obliged to allow him long visits with his wife and relatives. The applicant claims that short visits do not allow for the full maintenance of family and social ties. During the administrative process, the Prison Administration explained that a meeting lasting up to two hours is considered short-term, while a long visit lasts from 12 to 48 hours. According to the administration, the current law permits detainees only short-term visits, as it requires mandatory visual monitoring of them during meetings. During long visits, such monitoring would significantly limit the detainee's and their visitors' right to privacy. The Administrative District Court believes that the current regulation not only deprives detainees of the opportunity for long visits but also does not provide for an individual assessment of the necessity of granting them. At the same time, convicted individuals already serving their sentences have the right to long visits. According to the court, such a distinction may violate the constitutionally guaranteed right to privacy. The Constitutional Court has proposed that the Saeima submit written explanations outlining the circumstances of the case and the legal justification by December 28, 2026. The preparation of the case must be completed by March 29, 2027. After that, the court will determine the procedure and date for its consideration.