National Preventive Mechanism
The report concludes with a long list of all recommendations of the NPM
since July 2012. This part of the report is sub-divided according to the type
of institution or facility and the thematic area (e.g. infrastructural fixtures
and fittings, living conditions). These recommendations relate not only to
individual facilities but also to all facilities of this particular type. They thus
set a standard that should be guaranteed in these institutions and facilities
from a human rights perspective.
3.2
Recommendations as
human rights standards
Overview of the National Preventive Mechanism
3.2.1 Mandate
As the NPM based on authorisation granted under the Constitution and
in a general legal context, the Austrian Ombudsman Board (AOB) and its
six multidisciplinary commissions monitor and control public and private
institutions and facilities that are classified as “places of deprivation of liberty
within the meaning of Article 4 of the OPCAT” nationwide and on a regular
basis. The main responsibility of the NPM is less to examine isolated cases
of maladministration, but rather to detect structural deficits that can lead to
such cases. Overlaps with the additional competencies of the AOB pursuant
to Article 16 (3) of the UN CRPD and with the monitoring and concomitant
examining of the authorities empowered to exercise direct administrative
power and coercive measures cannot be entirely avoided.
Setting uniform
methods and
standards
Last year, the commissions completed 522 visits. In line with the mandate of
carrying out comprehensive controls across Austria, most initial visits were
made to so-called “less traditional places of detention” (psychiatric institutions,
hospitals, retirement and nursing homes, child and youth welfare facilities).
When planning visits of these types of facilities, the NPM had to pre-select the
institution to be monitored and weigh the necessity of follow-up visits due to
capacity reasons. On the other hand, it was possible to visit the classic places
of detention (correctional institutions, police stations, police detention centres)
on a number of occasions.
A total of 533 visits
by the commissions
After having clarified in 2015 that accompanying forced returns by air was
indeed within the scope of the NPM mandate, members of the commission
accompanied a forced return to Croatia (see chapter 5.8.2).
Forced return by air
The efficacy of the NPM also depends on its acceptance by the institutions
and their responsible operators or owners. The competent authorities and
administrative departments, but also the management of private institutions
and facilities, have as a rule willingly complied with their obligation to engage
in constructive dialogue with the NPM (under Article 22 of the OPCAT). The
Increased dialogue
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