National Preventive Mechanism prison administration’s MED Module (Medical Data) in the future and this will automatically trigger a report to the medical superintendent. Until the aforementioned expansion of the integrated prison administration’s MED Module is implemented, the Office of the Medical Superintendent will control the entries in MED Module on a monthly basis. In the specific case, the question for the NPM is how it was possible for the prison guards to (allegedly) notice the massive hygienic neglect of the inmate’s legs only at such a late date. Despite the required periodic visits, the fact that a person in detention was refusing to have his legs cared for remained unnoticed for months. Due to this failure, the health of the person in detention was jeopardised and impaired. Responsibility in the specific case The Federal Ministry of Justice stresses that the inmate deliberately brought about his own condition, intentionally concealed it, and refused the care that was offered to him so that it was not possible to provide physiological and psychotherapeutic treatment due to a lack of cooperation on the part of the inmate. The Public Prosecutor’s Office in Vienna is currently conducting investigations of the staff of the Stein correctional institution for the offence of torturing or neglecting a prisoner under Section 312 (2) of the Penal Code. Disciplinary proceedings are also underway. Ongoing investigation The NPM points out that one task of a correctional institution is to ensure that a minimum standard of physical hygiene is maintained. The Council of Europe also recommends in Item 47.2 of the new version of the Standard Minimum Rules for the Treatment of Prisoners (REC [2006]2) that “the medical service of the penal institution shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment”. NPM requirements catalogue The NPM demands that the care and nursing of inmates, who need more care due to their age or their mental condition, is guaranteed in Austrian correctional institutions to the same extent as for patients in hospitals and nursing facilities. Apart from the caseload which is reflected in an increased need for personal attention by judicial officers and caregivers it should be asked in each individual case whether it is appropriate to place such persons in solitary detention when the frequent consequence of this is a lack of socialisation with other inmates. The NPM points out the great importance that regular outdoor exercise has for maintaining and promoting the physical and mental health of inmates. Inmates who have a special need for care due to advanced age or physical or mental illness must be enabled to spend time outdoors. If necessary, they should even be required to exercise outdoors. 139

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