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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