Correctional institutions
2.5.9.3 Too little individual living space - Dornbirn satellite facility of
Feldkirch correctional institution
In the year under review, the NPM again observed that some inmates have
too little individual living space available to them in their inmate cells.
The situation is exacerbated by overcrowding. Last year, the conditions
at Suben and Feldkirch correctional institutions were used as an example
(see NPM Report 2016, p. 119). In the past year, the NPM recommended
that some two-person inmate cells at Dornbirn satellite facility of Feldkirch
correctional institution only be occupied by one person.
The case law of the European Court of Human Rights does not establish a
minimum size for an inmate cell, since this depends on various factors, e.g.
the duration of detention, the opportunities for outdoor exercise and the
constitution of the affected person. However, the court refers to the standards
set by the CPT, which include minimum inmate cell sizes (e.g. CPT standards:
Living space per prisoner in prison establishments; CPT/Inf [2015] 44).
Small inmate cells and confined spaces place enormous psychological stress
on inmates. In principle, the usual level of suffering that is inherent in a
prison sentence should not be exceeded. Conditions of imprisonment reach a
degrading level when they cause feelings of anxiety, trepidation and inferiority
in the affected persons.
Negative factors
For example, the windows in the inmate cells at Feldkirch satellite facility
are so high up that only the rising mountain slopes and the sky are visible.
In confined spaces, this factor can lead to a strong feeling of trepidation and
intensify the conditions of imprisonment.
If overcrowding is added to these negative conditions, the prison climate is
worsened exponentially. If there are more inmates than planned, there is an
adverse impact on all services and activities at the correctional institution
due to this additional burden. The quality of life for inmates and the working
conditions of employees at the facility can significantly deteriorate. Irritability
and dissatisfaction are the breeding ground for verbal and physical assault.
Overcrowding as an
additional stress factor
Overcrowding can lead to a violation of Article 3 ECHR. Therefore, adequate
preventive measures must be taken.
XX
Inmate cells must be situated and furnished in such a way that prisoners are housed
humanely and health hazards are avoided.
XX
Therefore, it must be ensured that inmates have adequate individual living space in
their cells.
137
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