Correctional institutions XX  In line with non-smokers protection, it must be ensured that they are protected against the health-endangering effects of tobacco smoke as far as possible. XX  Smoking and non-smoking inmates must be housed separately from each other. XX  Under no circumstances may small children be exposed to smoke. 2.5.5.2 Persons with substance use disorders Far-reaching judgment of the ECHR The question of how to properly treat and deal with delinquent addicts is not limited to Austria. The European Court of Human Rights (ECHR) has also addressed this problem (Wolfgang Adam Wenner against the Federal Republic of Germany, case No. 62303/13). The complainant claimed that he was denied drug substitution treatment during his imprisonment. In its decision of 1 September 2016, the ECHR found that the prison administration was required to offer drug substitution treatment to the inmate. The court ruled that this failure constituted a violation of Article 3 of the European Convention on Human Rights (prohibition on inhuman and degrading treatment). Therapy during imprisonment It is generally recognised that addiction and dependency should be considered illnesses. Substance use and substance addiction are diagnosable, treatable chronic psychiatric diseases, which require long-term therapeutic treatment. Therefore, affected inmates have a right to adequate treatment, care and counselling during the period of detention. Effective therapy for a substance use disorder is an essential prerequisite for successful resocialisation and for the prevention of addiction-related criminality. Assistance even after release Inmates with a substance use disorder often express an urgent desire for more high-quality therapy to permanently overcome their disease of addiction. These persons frequently complain to the NPM that they do not receive help, but rather are stigmatised and discriminated against. After imprisonment, many return to the same environment that made them addicts. Therefore, the NPM believes that it is necessary not only to address the question of what therapies are appropriate for addictive persons during the time of deprivation of liberty, but also to address adequate management of their transition, which must begin before release from imprisonment. In November 2016, the NPM made a visit to the Innsbruck correctional institution, which was targeted at the topic of addicted inmates. The focus of the visit was the ward for drug offenders who require treatment (“forensic ward”). The ward had ten places in all and held only men. This ward admits criminal offenders with a substance use disorder who are committed by the court pursuant to Section 22 of the Austrian Criminal Code (Strafgesetzbuch). The purpose of placement under Section 22 of the Austrian Criminal Code is to free criminal offenders from their addictions. 120