oral fluids is a less invasive measure, which also interferes less on the
privacy of the affected person, the NPM advocated a nationwide shift
from urine tests to saliva tests.
The Federal Ministry of Justice is generally in agreement that taking
saliva with a pad is not an encroachment on privacy. Moreover, the
test can be administered by any prison employee regardless of the
gender of the person being tested. Despite this advantage, a closely
regulated coexistence of both testing procedures is favoured in
everyday prison life.
Coexistence of both
testing procedures in
everyday prison life
With respect to this strategy, the NPM believes that the implementation
of toxicological analyses of saliva is to be preferred from a human
rights perspective. However, thus far, the results have not been
comparable in terms of validity and specificity with the – also
forensically established – results of urine toxicology. Nevertheless, it is
requested that the process of providing a urine sample should
generally be monitored through the use of mirrors.
In the view of the Federal Ministry of Justice, the matter of the detection
periods of the substances being tested for cannot be omitted from the
perspective of practicability or the degree of interference of the “saliva
analysis” model. In this regard, reference is made to the statement of
the institute involved with conducting the tests (www.drogentestwien.at), i.e. “with the exception of cannabis, the detection periods in
saliva are on average about 30% shorter than in urine. The detection
period of cannabis in saliva ranges from one to three days after onetime or regular consumption. There is still insufficient data regarding
the detection period after chronic consumption. However, the
assumption is that the detection period is no longer than one week.”
Detection period of
substances
In contrast, cannabis can be detected in urine samples for several
weeks to three months. For this reason, the Federal Ministry of Justice
considers testing by the two different test methods – whose areas of
use may be supplemented – to be necessary in terms of (cost-)
efficient use. It should not be ignored that saliva samples have not
proven to be absolutely secure against manipulation, since the
quantity of saliva on the pad can be influenced.
In addition, the Federal Ministry of Justice noted that the results of
urine testing using a strip only raise a qualified suspicion, and the
affected person is free to demand a gas chromatographic review.
In view of the not only positive results of the saliva analysis model
further investigation has been promised within the framework of a
comprehensive, unbiased examination of all aspects (corrections
practice, legal, economic and technical/toxicological).
Ministry’s evaluation
not yet completed
The NPM awaits the results of this investigation and has noted that the
Federal Ministry of Justice will send a report in this regard.
It is viewed positively that – in conformity with the decree of the prison
administration, which took effect at the beginning of March 2015 – an
IT programme will be used, which selects detainees who will be
subjected to random testing from the entirety of the detainees in a
Use of random testing
programme
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