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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