A good kiss... from the penitentiary!

My partner was incarcerated some time ago in a prison in French-speaking Switzerland. We want to maintain our relationship despite our imprisonment and would like to know if it is possible to have slightly more private, even intimate, visits. Does this exist?

B.

Yes, sensual visits are possible in detention, but they are subject to strict conditions!

Under Swiss law, detainees retain certain fundamental rights, in particular the right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights and article 13 of the Swiss Federal Constitution. These rights do not disappear behind bars, but their exercise may be restricted for legitimate reasons, particularly those relating to the security of the prison.

Under article 84 of the Criminal Code, intimate visits - i.e. private encounters that may include sexual relations - are therefore envisaged as a means of maintaining close emotional ties between the incarcerated person and those close to him or her. However, this right is not absolute and the cantons may restrict its exercise through their own regulations. The canton of Vaud, for example, is firm on this point. In Geneva, on the other hand, the situation is a shambles, with no right to private visits provided for in the regulations, except within the Curabilis establishment.

Passion in prison may therefore be subject to conditions, and access to an intimate visiting room subject to proof of a stable and lasting relationship. The Federal Court recently ruled that this requirement was not contrary to higher law, provided that it complied with the principle of proportionality. In a case from the canton of Vaud, a prisoner's request was refused on the grounds that no suitable premises were available and that he could not prove that his relationship with his partner met the stability and duration criteria set out in the cantonal regulations (at least six months of continuous relationship or relationship prior to incarceration).

In your case, if you have a long-term relationship with your partner - ideally before he was taken into custody - you can submit a formal request to the management of the prison where he is being held. They will examine your request in the light of the regulations in force in the canton concerned, the prisoner's personal situation and the logistical resources available.

In short, intimate visits in prison are not an automatic right, but a regulated possibility. They require a serious relationship, supporting documents and a suitable infrastructure. So it's best to plan ahead and document your relationship credibly if you hope to get a tender moment behind closed doors.