Facts
According to the indictments of September 29, 2016, A. and B. are accused of having jointly committed several qualified robberies. A. has been in pre-trial detention or security detention since July 25, 2015, and B. was in pre-trial detention from July 25, 2015, and has been serving an early custodial sentence since April 18, 2016. The accused have been unmarried cohabiting partners for more than 15 years.
A. and B. filed requests with the Criminal Court to be allowed to see and visit each other during the criminal proceedings detention. The Criminal Court and the Lucerne Cantonal Court dismissed the requests. The two accused then filed a joint appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal. It finds that even those detained in criminal proceedings generally have a right to appropriate regular contact with their family, which also includes unmarried cohabiting partners. This applies particularly after a prolonged period of criminal proceedings detention and the elimination of the risk of collusion.
The cantonal authorities must grant the accused appropriate visitation rights by organizing visits through prisoner…