Correctional institutions
detention pursuant to Section 21 (1) of the Austrian Criminal Code remain in
the closed detention station until matters are stabilised. Contact with persons
held in provisional detention at this station cannot be completely excluded,
even if the treatments may be different. The type of placement is based on the
psychiatric condition and the risk.
Less favourable
treatment as compared
to correctional institution
The NPM notes the effort to take the separation rule into account, when
possible. It is true that the penal law provisions regarding pre-trial detention
(Sections 182 et seq. of the Austrian Code of Civil Procedure) only apply to
inmates held in institutions for mentally ill criminal offenders. However,
for reasons of equal treatment, detainees who are held in public psychiatric
hospitals provisionally should be entitled to the same conditions as persons in
correctional institutions.
Overcroweded
Inquisitenzimmer
There was also no response to the criticism that the room for inmates in
need of acute psychiatric care (Inquisitenzimmer) was occupied by three
persons on the day of the visit. This special room is generally occupied by a
maximum of two persons. Only in individual cases, when further detention in
a correctional institution does not make sense from a medical and psychiatric
perspective due to the severity of the psychiatric disease, can the room be
occupied by three persons on a temporary basis. In this case, there should
be an immediate attempt to find another solution – in agreement with the
medical superintendent. To the extent that the condition of the patient’s
health permits, the patient should be transferred as quickly as possible to
a correctional institution which guarantees around-the-clock medical and
psychiatric care.
Security straps visible
The NPM also recommended a series of improvements, some of which could
be implemented with little expense. For example, the security straps on strap
beds can be covered without great effort, so that they are no longer visible to
patients. The implementation of this measure should be monitored regularly.
In addition, consideration should be given to whether it is really necessary for
all patients to post a security deposit for the keys to their lockable boxes.
Nursing service personnel were instructed to ensure that smoking rooms are
ventilated more frequently. The existing exhaust system was subjected to a
technical inspection. The extent to which additional structural measures can
be taken based on security considerations is being evaluated.
Visits by adolescents
prohibited
110
The NPM’s criticism of a general restriction on visits by children under the age
of 14 was also heeded. Instead of a general prohibition, there will be a caseby-case review in the future (e.g. when there are serious security concerns) of
whether a restriction on visits by minors is absolutely necessary. In this case, a
discussion with the patient and the relatives will be sought.
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