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Barbara Linder, Nora Katona and Julia Kolda, Dignity at Trial (Ludwig Boltzmann Institute
of Human Rights 2018) 24.
Preamble, e. of the UN Convention on the Rights of Persons with Disabilities (2006,
CRPD); UN Office on Drugs and Crime (UNODC), Prisoners with special needs (Criminal
Justice Handbook Series 2009) 9 et seq.
In Germany, also with a reduced criminal responsibility.
UN Office of the High Commissioner for Human Rights (OHCHR), ‘COVID-19 and the
Rights of Persons with Disabilities: Guidance’ (29 April 2020) <www.ohchr.org/Documents/Issues/Disability/COVID-19_and_The_Rights_of_Persons_with_Disabilities.pdf>
accessed 26 February 2021.
World Health Organization (WHO), ‘Preparedness, prevention and control of COVID-19
in prisons and other places of detention: Interim guidance’ (15 March 2020) <apps.who.
int/iris/bitstream/handle/10665/336525/WHO-EURO-2020-1405-41155-55954-eng.
pdf?sequence=1&isAllowed=y> accessed 11 February 2021.
WHO (2020).
Olivia Rope, ‘Prisons and COVID-19: the real lockdown’ (Association for the Prevention of
Torture, 26 May 2020) <www.apt.ch/en/blog/prisons-and-covid-19-real-lockdown> accessed 16 February 2021.
Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (SPT), ‘Advice of the Subcommittee to States parties and national preventive mechanisms relating to the Coronavirus disease (COVID-19) pandemic’
(7 April 2020) <undocs.org/CAT/OP/10> accessed 11 February 2021.
Jamie Grierson, ‘Covid rules prison blocking rehabilitation, say UK campaigners’ (The
Guardian, 4 October 2020) <www.theguardian.com/society/2020/oct/04/covid-rules-inprisons-blocking-rehabilitation-say-uk-campaigners> accessed 21 February 2021.
WHO (2020).
Ashley J. Lemieux et al., ‘Management of COVID-19 for Persons with Mental Illness in
Secure Units. A Rapid International Review to Inform Practice in Québec’ (Victims & Offenders Volume 15 2020) <www.tandfonline.com/doi/full/10.1080/15564886.2020.1827
111> accessed 11 February 2021.
European Committee for the Prevention of Torture and inhuman or Degrading Treatment
or Punishment (CPT), ‘Follow-up statement regarding the situation of persons deprived
of their liberty in the context of the ongoing COVID-19 pandemic’ (9 July 2020) <rm.coe.
int/16809ef566> accessed 11 February 2021.
In Austria, 730 persons were in preventive custodial measures and 521 in preventive detention (1 January 2021), statistics received from the MoJ and analysed by the authors.
In Germany in 2018, 6.025 persons were in preventive custodial measure, and 4.146 in
compulsory withdrawal treatment. These numbers were published in a parliamentary
inquiry and are indirectly based on statistics on psychiatric institutions from 2013/2014,
since the number of persons detained in psychiatric hospitals and addiction treatment facilities are no longer published on a regular basis. Data does not include all federal states
(Bundesländer). Source: Bundesregierung, Auslastung der Kliniken beim Maßregelvollzug (Drucksache 19/25692 p. 4, 2021) <dip21.bundestag.de/dip21/btd/19/256/1925692.
pdf>.
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