Police detention centres
Two naked persons in
same security cell
In the course of this visit, the commission reviewed documentation of the
detention of persons in padded security cells. This revealed that several
persons were either completely naked or only wearing underwear during
their detention in the cells. There was no proof that they had been offered
and refused replacement clothing. Moreover, the commission found that two
naked persons were held in a padded cell together for more than six hours.
The NPM pointed out to the Federal Ministry that the detention of two
(unclothed) persons in one security cell was contrary to the objectives of Section
5b (2) (4) of the Detention Regulation. According to this rule, a persons may
only be held in isolation in a security cell when there is a risk they might harm
tthemselves. It was not possible to make a definitive assessment in this regard
at the time of completing this report.
Inadequate
documentation of
outdoor exercise
During several targeted visits to Hernalser Gürtel police detention centre,
the NPM checked whether detainees held in single cells or specially secured
(tiled cells included) were offered daily outdoor exercise (one hour of outdoor
exercise) as well. However, the commission could not clarify this matter on site
based on the current documentation form. The documentation only provided
very general reasons for the lack of outdoor exercise (e.g. “not willing to go
for a walk”). Therefore, when there were complaints that outdoor exercise was
not being offered or provided, the commission frequently could not determine
whether the detainees’ reproaches were justified.
Therefore, the working group saw a need to make the current form of
documentation more specific. The Federal Ministry gave its assurance that
outdoor exercise is being offered to all detainees except for persons in specially
secured, padded cells. This exception is understandable since the affected
persons are being held in specially secured cells (padded walls or floors) to
prevent them from harming themselves or others. Allowing these persons
to move about in an unsecured yard would be contrary to the purpose of
their detention in such cells. Apart from that, this form of detention may only
continue for the period of time that is absolutely necessary.
Therefore, the working group formulated the following requirement for
inclusion in the standards for special security measures: in the future, the
rejection of outdoor exercise by detainees in level 2 security cells (e.g. tiled
cells) must be documented.
Lockable boxes
or containers
During visits to Innsbruck, Klagenfurt and St. Pölten police detention centres
in 2016, the NPM found that detainees had no possibility to store personal
items or clothing in lockable boxes. Due to this criticism by the NPM, the
working group found it necessary to develop a uniform solution.
It was of particular importance to the NPM that detainees be provided with
lockable boxes or containers to ensure a minimum level of privacy. This
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