personnel at the beginning of the night shift, there was no guarantee that guards would be present at all times and that the inmate’s conduct could (still) be monitored. The institution’s physician is familiar with the eating disorder. To deal with this disease, the inmate is accompanied when he makes purchases in the correctional institution and instructed to eat healthy food. The plan of the institution’s physician to move the inmate to the Wilhelmshöhe satellite facility could not yet be implemented since the therapeutic/dietetic intervention should not be interrupted by a trial residence in light of the inmate’s possible conditional release. Therefore, the correctional institution’s psychiatrist changed the inmate’s mood-stabilising medication to an appetite-suppressant for the time being. NPM arranges for a consultation with the physician Even though a suitable after-care facility was found for the inmate, the NPM can only assume that solutions to prevent the aforementioned restrictions of freedom were not considered until the prison administration was confronted with the facts. Therefore, the principle of proportionality was violated. The principle of proportionality has been violated  Additional lock-up time is not a proper means of protecting an inmate suffering from an eating disorder. 2.5.2.2. Living conditions Overcrowding of correctional institutions – double occupancy of single cells in the Wiener Neustadt, Klagenfurt and Vienna-Simmering correctional institutions From a physical perspective overcrowding of correctional institutions can be inhumane or degrading per se. If it is necessary to care for more detainees than originally planned, there is an adverse effect on all of the services and activities in a correctional institution. The entire quality of life in the facility may deteriorate to a significant extent. Adequate occupancy of inmate cells is an important factor of the prison climate for the detainees themselves and in their interactions with prison guards. Deterioration of the quality of life due to lack of space The occupancy figures for the correctional institutions are worrisome. During its visits to the Wiener Neustadt, Klagenfurt and ViennaSimmering correctional institutions the NPM observed that the occupancy of inmate cells exceeded the intended capacity. According to the Federal Ministry of Justice, the utilisation rate for Austrian correctional institutions (97%) temporarily experienced a sharp increase in the reporting year. The correctional institutions in the eastern part of Austria and in Upper Austria, in particular, reported utilisation rates far exceeding 100%. In September 2015, for example, the Eisenstadt correctional institution was at 180.77% of capacity. The Vienna-Josefstadt correctional institution was at 114.65% of capacity and the Wiener Neustadt correctional institution was at 111.85% of capacity. This is not least of all attributable to increased criminal Utilisation rate of up to 180.77% 104

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