National Preventive Mechanism The prison warden had attempted to decease the lock-up times by increasing the time spent outdoors from one hour to one and a half hours. He also pointed out the recreational areas in the departments and the opportunities to engage in sports. However, due to the structural situation and the high occupancy, it is not possible at the Linz correctional institution to maintain departments in which inmate cells are open throughout the day. Little opportunity to move about The commissions’ observations at the Sonnberg, Vienna-Josefstadt and St. Pölten correctional institutions showed that personnel shortages can have an adverse impact on inmates and that rights may not be fully protected. Duty roster adversely affects inmates In Sonnberg, the commission criticised the structure of the duty roster, which moved up the start of the lock-up times on Wednesday from 7 p.m. to 5 p.m. so that the task force can have sufficient time for training. The Federal Ministry of Justice pointed out that the staffing level at the Sonnberg correctional institution was low in comparison to the number of inmates. Nevertheless, efforts were being made to keep lock-up times comparatively short. The task force had to be trained with the prescribed frequency, and such training could currently only be provided on this day of the week. The NPM replies as follows: If the training plan results in an increase in lockup times on one day, this should be compensated for on another day. The prison warden can order this. Disadvantage should be compensated for In turn, at the Vienna-Josefstadt correctional institution, the commission again found that inmates were not permitted to spend time outdoors even though the weather on this day did not preclude this. Many inmates complained that they were denied outdoor exercise much too frequently. Outdoor exercise not provided A personnel shortage, which was cited by the management of the facility at the concluding meeting, is not acceptable and prevents satisfaction of the rights required by the Penitentiary System Act (Strafvollzugsgesetz). The NPM strongly demands that the inmate’s right to time outdoors is fully granted. Rights must be protected At St. Pölten, the personnel shortage and the shift system (after 3 p.m., there are only four guards available) sharply curtail recreational activities. Thus the gym cannot be used in the afternoon. As a result of the extended night shift, all activities are crowded into the shortened daily routine, which means that inmates must decide whether they wish to work or spend time outdoors. Savings measures have adverse impact There is a right to outdoor exercise. This right must be waived if the incarcerated person does not wish to accept financial losses due to being unemployed – since the compensation paid to unemployed inmates is much lower than the wages they could earn. In the view of the NPM, it is unacceptable that the exercise of his rights should place an inmate in a worse financial position. Wrong signal being given 135