Correctional institutions
to invite media representatives to participate in a search. Such procedures
should be rejected due to the inappropriate infringement of the inmates’ right
to privacy.
With respect to Graz-Karlau correctional institution, the Federal Ministry stated
that representatives of the media were given precise instructions before the
start of the police raid regarding how they were to act and emphasising that
the privacy of inmates and employees must be protected. It also stated that
photographing the correctional institution was not permitted until after request
and prior review and only in the presence of an employee of the directorate
for prisons and detention. The NPM was assured that representatives of the
media only took staged photos of the inmate cells at Graz-Karlau correctional
institution and were not present during the “actual” official action.
The NPM also determined that representatives of the media were present at
the Stein correctional institution when inmates were led from their inmate
cells for body searches.
Infringement of
basic rights
Searches of inmate cells and body searches are (non-public) official actions
taken in the exercise of public power prerogatives. It is well known that
searches of inmate cells and body searches necessarily involve infringements
of the inmates’ right to privacy. The infringement of privacy rights is only
justified if it is sanctioned by law, pursues one or more of the goals set forth
in Article 8 (2) of the European Convention on Human Rights (ECHR), and
is necessary. Under the principle of proportionality, infringements of privacy
rights must be kept at a minimum.
In the view of the NPM, the presence of representatives of the media at
searches of inmate cells and body searches is incompatible with these clear
constitutional requirements. The presence of representatives of the media
during searches of inmate cells and body searches should clearly be avoided as
a precautionary measure – regardless of whether any infringement of inmates’
privacy is discernible in a specific case.
XX
Incidents may not
be repeated
Measures must be taken to ensure that no media representatives are present during
searches of inmate cells and body searches.
129
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