2.5.2.6.
Right to privacy
Women in prison
The monitoring focal point of “women in prison” showed among other
things, that women are put at special risk during body searches. Many
affected persons complained that they were required to fully undress
during inspections.
Order to fully undress
for body searches
Under Section 102 (2) the Penitentiary System Act states that a search
should be conducted as considerately as possible. Moreover, under
Principle 19 of the Bangkok Rules (“United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders”, Resolution 65/229 dated 21 December 2010),
effective measures must be taken to protect the dignity and respect of
female prisoners during examinations.
Accordingly, searches should be conducted in such a way that the
person being searched is never fully undressed. It is proposed that the
search be carried out in various stages, so that only the relevant part
of the body needs to be uncovered.
In this regard, the NPM has been informed that the competent
department of the Federal Ministry of Justice will evaluate search
practices and prepare an appropriate training document, which takes
human dignity into account. The first draft of such a “Handbook for
Body Searches” will be provided to the NPM once it is completed.
New working document
on searches being
developed
Requiring full disrobement during searches violates the principle that searches should be
conducted in a considerate manner.
2.5.2.7.
Access to information
Incomplete house rules – no foreign-language versions
The house rules of the Klagenfurt correctional institution lacked any
notice that detainees have the right to be outside or to exercise
outdoors for one hour. The house rules merely read as follows: “The
time outdoors will be provided in accordance with the relevant
allocation. Time spent outdoors can be restricted on medical grounds”.
Moreover, at the Vienna-Simmering correctional institution the house
rules were posted neither in German nor any other language.
The Penitentiary System Act guarantees detainees the right to spend
at least one hour a day outdoors, weather permitting, and taking the
state of the detainee’s health into consideration. Concerning detainees
who work outdoors this right only applies on their days off. Juvenile
prisoners have the right to two hours of activities outdoors (pursuant to
Section 43 of the Penitentiary System Act and Section 58 (3) of the
Juvenile Courts Act).
Lack of information
regarding the right to
spend time outdoors
The purpose of spending time outdoors is to maintain the detainee’s
physical and mental health and prevent illnesses. It is part of the
115
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents