National Preventive Mechanism
Ongoing adaptation
work
Unlike the procedure for new construction, a representative of an organisation
for persons with disabilities was not consulted for the adaptation work since
the obligation in this regard, imposed by the “National Action Plan on
Disabilities 2012 – 2020”, in some cases did not arise until after the planning
had been completed and construction had begun (Eisenstadt correctional
institution) or arose during the planning work (Graz-Karlau correctional
institution) or the scope of the project did not require it (Vienna-Simmering
correctional institution).
The Federal Ministry of Justice stressed that the compliance with relevant
norms is reviewed by the general planners and the project managers
of Bundesimmobiliengesellschaft (the Federal Real Estate and Property
Corportation) in close consultation with the representatives of the users.
Further reviews
The NPM will monitor fulfilment of these promises in the coming year and
wishes to reiterate that the primary need for barrier-free areas is in the
southern Laender. Any relocation of an inmate solely for this reason tears
him away from his social environment. Such measures run counter to the
goal of re-socialisation.
¾¾ Structural adaptations so that correctional institutions are equipped to
accommodate persons with disabilities should take priority. There is a
great need to catch up in this regard, particularly in the southern part
of the country.
New approaches to the control of addictive drugs – saliva tests to replace urine
samples
Saliva samples instead
of urine samples
The control of addictive drugs is indispensable to the maintenance of order
and security in correctional institutions. The imposition of controls against
the abuse of addictive drugs and the manner in which they are carried out
are particularly sensitive in terms of human rights. Inmates repeatedly
complain that they are being subjected to arbitrary controls. There can be
massive invasions of privacy, since prison guards – directly or indirectly (by
mirror) – observe test subjects while they are urinating. To alleviate this
problem, the Federal Ministry of Justice ordered a saliva test pilot project to
be initiated in the correctional institutions of Vienna-Simmering, Hirtenberg
and Vienna-Favoriten. This is to survey the general usefulness of saliva tests
and their usefulness in prisons.
Saliva test pilot project
So far, 20,042 analyses have been made based on 2,616 samples. Confirming
analyses using liquid chromatography/mass spectrometry (LC-MS/MS) were
ordered for 40 samples. In 34 cases, i.e. about 85% of the cases, the original
result was confirmed.
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