Correctional institutions
and the tray slot. The NPM recommended that the toilet be separated from
the rest of the inmate cell to ensure that inmates can take care of their bodily
needs with a modicum of decency (see NPM Report 2015, p. 111 et seq.).
Dornbirn satellite facility
In August 2016, the NPM also criticised the lack of structural partitioning
of the toilet facilities in cells with multiple inmates at the Dornbirn satellite
facility of Feldkirch correctional institution. Inmate cells were equipped with
a bunk bed for two prisoners, and the toilets were only partitioned off by a
shower curtain. There was no protection against bad odours.
Assurances were given that the necessary renovations would be carried out
before 1 January 2017. On that day, a statutory amendment took effect, which
requires structurally partitioned toilet facilities in cells for multiple inmates
and separated toilets (curtain, barrier) in single cells.
Promise not kept
However, the follow-up visits made in November 2016 and July 2017 showed
that there was no implementation of any structural or other separation of
the toilet facilities from the rest of the holding cell at the satellite facility at
the Innsbruck Regional Court. Some of the inmate cells held more than one
person. This is a clear violation of the statutory provision in force since 1
January 2017.
Renovation still
unrealised
The NPM does not understand why no solution has been found after two and
a half years. It remains to be seen when the construction work to separate
the toilet facilities from the rest of the inmate cell and the installation of a
ventilation system, which was promised by the Federal Ministry, will be
implemented.
Conversion into single
cells
The Dornbirn satellite facility of Feldkirch correctional institution did not
provide a structural partition of the toilet facilities from the rest of the inmate
cell due to budgetary constraints. However, to ensure that the placement of
inmates is in accordance with the law, the affected inmate cells may now only
be occupied by a single prison inmate.
XX
Inmate cells (including single cells) must have toilet facilities that are separated from
the rest of the inmate cell.
XX
Inmate cells that house more than one person must have structurally partitioned toilet
facilities.
XX
Sanitary facilities must be hygienic and designed so that prison inmates can take care of
their bodily needs at any time with a modicum of decency.
140
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