National Preventive Mechanism Catalogue of criteria for administrative penalties – NPM reiterates its demand In last year’s report (pp. 59 et seq.), the NPM noted major inequalities in punishments for administrative offences. This disparity is due to the fact that there are no guidelines for the imposition of sanctions. No uniform practice of sanctions According to the Federal Ministry of Justice, the diversity of possible administrative offences, and hence possible sanctions, speaks against such a catalogue. Moreover, in each individual case there is an option to complain taking legal remedy. The opinion of the Federal Ministry of Justice was neither adequate nor convincing, especially in view of the preventive character of the catalogue of penalties being sought by the NPM. In the meantime, there has been a change in the law and, since 1 January 2014, regular courts hear appeals in administrative penalty proceedings instead of administrative authorities. Therefore, the NPM suggested that the established ruling practices of the relevant enforcement courts and judicial senates from the start of 2014 be analysed as a first step. NPM suggests evaluation What administrative penalty can be expected for what misconduct should be published and periodically updated in a form that is available to prisoners at all times. This makes the standards by which appeals will be decided transparent. The Federal Ministry of Justice has now replied and stated that it considers the description of offences codified in Section 107 of the Penitentiary System Act as providing sufficient information. The Federal Ministry of Justice will still not take a closer look at the NPM’s unaltered proposal for the provision of ex-officio services with respect to evaluation of the legal precedent of the enforcement senates in administrative penalty matters. Ministry sees no need for information To further develop this topic: in November 2013 a statement by Amnesty International entitled “Human rights considerations with respect to the sanctioning of administrative offences in correctional institutions” reached the NPM. In the section entitled “Determination of administrative penalties”, Amnesty International strongly argues that it is not enough to clearly indicate what forms of conduct are deemed to be administrative offence. The nature and duration of the measures to be taken in response must also be established. Therefore, the NPM wishes to “keep the issue in sharp focus throughout Austria”, as the paper ultimately advises. Amnesty International also calls for action At its last meeting of 2013, the Human Rights Advisory Council decided to establish a working group on this issue. The results of its deliberations are awaited. The NPM will then recommend further approaches to the Federal Ministry of Justice. Human Rights Advisory Council establishes working group 151