Overview of the National Preventive Mechanism
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Overview of the National Preventive
Mechanism
1.1 Mandate
The Austrian NPM is based on authorisation granted under the Constitution and
in a general legal context. The AOB and its six multidisciplinary commissions
regularly and extensively monitor public and private institutions that are
classified as “places of deprivation of liberty within the meaning of Article 4 of
the OPCAT” nationwide and on a regular basis. The main responsibility of the
NPM is to detect structural deficits that can lead to cases of maladministration.
Additional preventive competencies of the NPM pursuant to Article 148a
(3) of the Federal Constitutional Law are the inspection of institutions and
programmes for persons with disabilities (Article 16 (3) of the UN CRPD) as
well as monitoring and concomitant control of the authorities empowered to
exercise direct administrative power and coercive measures. These preventive
competences can overlap with the OPCAT mandate and/or complement it.
The commissions conducted 495 visits in 2017. Most initial visits were to
psychiatric institutions, medical facilities, retirement and nursing homes,
child and youth welfare facilities. Many classic places of detention, such as
correctional institutions, police stations and police detention centres, were
also visited on a number of occasions. All visits are conducted pursuant to a
monitoring methodology developed by the NPM and according to uniform
standards. The specifications for the monitoring framework and methodology
can be accessed on the AOB homepage (http://volksanwaltschaft.gv.at/en/
preventive-human-rights-monitoring).
95 visits by the
commissions
The efficacy of the NPM also depends on its acceptance by the institutions and
facilities and their responsible operators or owners. As a rule, the competent
authorities and administrative departments, but also the management of
private institutions and facilities, have willingly complied with their obligation
to engage in constructive dialogue with the NPM (under Article 22 of the
OPCAT). The implementation called for by the NPM was considered in greater
detail in different working groups. In addition to the monitoring work, the
commissions held 21 round-table meetings with institutions or their senior
administrative departments.
Working groups and
round-table meetings
The NPM worked with educational institutions in 2017. As already announced
in the 2016 report, a training module on the work of the Austrian NPM was
implemented in the two-year police training programme. Members of the
commissions and AOB staff members held eleven classes in 2017; additional
courses are already set for 2018. Prison guards have also been receiving
instructions on the preventive and ex-post control work of the AOB as part of
their training since 2017 (2017: four classes).
Police training and
prison guard training
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