activities in connection with human trafficking.
A visit to the Wiener Neustadt correctional institution showed that
single cells were occupied by two detainees, although they were not
of sufficient size for double occupancy. The available space was
reduced by bunk beds, lockers and tables.
Double occupancy of
single cells
In one cell, the commission observed that there was insufficient space
between the furnishings and the cell wall. It was impossible to walk
and one inmate had to lie on the bed (or sit on the toilet) so that the
other inmate could walk back and forth a few steps between the cell
door and the window wall. In the Klagenfurt correctional institution, a
nine square meters single cell was occupied by two inmates.
The CPT has established a basic area of seven square meters as a
guideline for inmate cells intended for single occupancy for more than
a few hours [CPT/Inf/E (2002) 1 – Rev. 2010, p. 8]. Cells that measure
less than six square meters should not be used to house prisoners. For
the NPM, compliance with the minimum size of inmate cells
recommended by the CPT is mandatory in light of Article 3 of the
European Convention on Human Rights (ECHR). Crowded detention
conditions must be avoided and minimum cell sizes must be complied
with.
Crowded detention
conditions must be
avoided
With respect to the cramped inmate cells at the Vienna-Simmering
correctional institution, the Federal Ministry of Justice points out that
necessary structural renovation work has resulted in this tight
occupancy situation.
As far as the Wiener Neustadt correctional institution is concerned, the
Federal Ministry of Justice confirms that the overcrowding has
continued. This fact is attributed to the high percentage of detainees
on remand. Many of them are accused of human trafficking under
Section 114 of the Aliens Police Act. The generally situation of
overcrowded facilities and limited space also applies to the
neighbouring correctional institutions.
High occupancy
pressure
The Federal Ministry of Justice pointed out that, in accordance with
Section 183 of the Austrian Code of Criminal Procedure, accused
persons are to be held in the correctional institution that falls within the
jurisdiction of the court which decides whether to impose and continue
pre-trial detention. Therefore, the prison administration’s options for
creating a balance are increasingly difficult. Finally, the Federal
Ministry of Justice stated that ten inmate cells in the Hirtenberg satellite
facility of the Eisenstadt correctional institution have been found for
detainees of the Wiener Neustadt correctional institution. This should
mitigate the situation of overcrowded facilities and limited space to
some extent.
The NPM points out that, in evaluating the inmate cells, the square
metres available are not the only factors to be taken into account. The
overall picture of inmate cell conditions is essential. Overcrowding and
the small size of inmate cells are especially concerning in light of the
fact that most of the detainees have no employment and are confined
Long lock-up times
105
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