Correctional institutions
XX
Based on the presumption of innocence, detainees held in provisional detention should
be separated from court-sentenced prisoners with mental health care needs.
XX
The straps on strap beds should always be covered so they are not visible to patients.
XX
Until a smoking ban is implemented, smoking rooms should be regularly ventilated.
XX
Whether a restriction on visits by minors is necessary should be examined on a case-bycase basis.
Legal protection in instances of restraint or isolation – forensic ward at
Hall Regional Hospital
Presently there is no legal protection that meets the requirements of the
Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz) for persons
held in custody or in facilities for the detention of mentally ill offenders who
are restrained or placed in isolation. The Hospitalisation of Mentally Ill Persons
Act provides that a person affected by restrictions on his or her freedom should
be represented by the patient advocate. During a visit to the forensic ward of
Hall Regional Hospital in Tyrol on 19 May 2016, this nationwide deficiency
was again evident.
Lack of legal protection
The Federal Ministry shared these concerns and promised that this deficiency
would be eliminated by the Detention of Mentally Ill Offenders Act. This law
will provide the same legal protection for persons placed in therapeutic centres
as for persons placed in medical facilities. The NPM is generally pleased that
patient advocates will also be responsible for prisoners with mental health
care needs in the future. However, it is unfortunate that the legal protection
provided under the draft of the Detention of Mentally Ill Offenders Act is not
as extensive as under the Hospitalisation of Mentally Ill Persons Act.
Plans to hire patient
advocates
Under the draft of the Detention of Mentally Ill Offenders Act, the institutions
need not notify the patient advocate of all restrictions. However, the patient
advocate can only represent a person and assist him or her in making
objections if the patient advocate knows of the restriction. Therefore, legal
protection under the Detention of Mentally Ill Offenders Act is illusory in these
cases and falls below the legal protection afforded by Section 38a of the
Hospitalisation of Mentally Ill Persons Act. In general, the authority of the
patient advocate is vague.
New threat of
unequal treatmant
XX
All persons who are restrained or isolated against their will in a public medical facility
should have the opportunity to be represented.
XX
Detainees in facilities for the detention of mentally ill offenders should have the same
legal protection that is provided under the Hospitalisation of Mentally Ill Persons Act.
111
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