directed towards a certain result, but towards the means deployed. It
requires that all reasonable and possible steps be undertaken to
collect evidence regarding the incident, including identifying and
interviewing the alleged victims, suspects and eyewitnesses and to
gather and secure any traces of the abuse quickly and
comprehensively.
The Istanbul Protocol (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment), which was first published in 2001, is the
standard of the United Nations for the assessment of persons who
allege torture or ill-treatment, for investigating cases of alleged torture
and for reporting findings to the judiciary or any other investigative
body.
The Istanbul Protocol
It provides guidelines and suggestions for doctors, lawyers and
psychologists on how to effectively investigate torture and abuse
allegations, and especially how to document and properly secure
evidence. This manual has three annexes that are addressed
specifically to physicians, many of whom are, however, not aware of
the existence of the Istanbul Protocol.
At the recommendation of the NPM, in September 2015 the Federal
Ministry of Health informed all owners and operators of hospitals in
Austria about the Istanbul Protocol and requested that they ensure its
implementation.
Federal Ministry of
Health supports
implementation
The implementation of the Istanbul Protocol in hospitals must be supported by way of
education and training.
The preservation of evidence by physicians in hospitals must be carried out
comprehensively and sensitively vis-à-vis the victim.
2.2.2.3.
Medication-based measures that restrict freedom
in psychiatric hospitals
Calming down patients by way of medication in the psychiatric context
is subject to the regulations of Section 35 of the Hospitalisation of
Mentally Ill Persons Act regarding medical treatments. These
regulations trigger the judicial protection of patients who are affected
by such treatments. After visits in psychiatric hospitals, the
commissions have additionally raised the question to what extent
sedation within the area of application of the Hospitalisation Act
should be considered as medication-based restriction of freedom,
must be separately documented and must be reported in accordance
with Section 33 of the Hospitalisation Act. In actual practice this does
not occur. Patient advocates are only notified when restraints are used
and can then access medical histories in this regard.
53
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