are actually met in all Austrian correctional institutions and whether they are adequate. arrival The topic of the presence of prison guards during the medical treatment of detainees is closely linked to the question of the necessary scope of a health examination upon arrival. The AOB has already addressed the tension between security interests and the protection of intimacy and confidentiality with respect to the presence of prison guards at medical examinations of detainees in the previous year’s report. Presence of prison guards during treatment It was demanded that, if it was absolutely necessary to have a prison guard present during the examination of a detainee, he or she should be a person of the same gender. Under which circumstances it is absolutely necessary to have a guard present during a medical treatment (in the room at the correctional institution provided for this purpose) is still left open. Same-sex prison guards required According to the Federal Ministry of Justice, a decree was to be issued in January 2014 to clarify the required procedure with respect to the presence of prison employees at consultations with physicians based in the facility. However, the decree issued in January 2014 did not reach the NPM until March 2015, because it could not be finalised and formally approved for about a year after preparation due to negotiations with staff representatives. Order of the Federal Ministry of Justice regarding the presence of prison employees The NPM does not deny that security concerns can require the presence of a same-sex prison guard. However, it stresses that the presence of a prison guard at such an examination constitutes an interference with the detainee’s right to privacy. Therefore, even a same-sex prison guard should only be present if there is a verifiable need. In this regard, particular attention should be paid to CPT standards, which state that any medical examination of a prisoner (whether at admission or at a later date) should be conducted out of the hearing range and – unless otherwise requested by the attending physician – out of the line of sight of prison personnel. Likewise, maintenance of patient records should be the responsibility of the physician [CPT/Inf/E (2002) 1 – Rev. 2010 p. 36]. Out of the hearing range and line of sight of prison personnel It is expected that a definitive assessment of the content of the aforementioned decree will not be possible until the next report of the NPM.  Detainees have the same right to care and nursing as patients in hospitals and nursing homes.  Regular checks on the physical and mental condition of detainees are an important part of health care.  The maintenance of an electronic record of nursing care is indispensable. The ability to trace the individual instances of treatment and care, standing alone, will ensure increased care in dealing with prisoners in need of nursing care.  If it is absolutely necessary to have a prison guard present at the examination of a detainee, 94