National Preventive Mechanism
It may be necessary to change conditions so that even fragile or sick
inmates can spend time outdoors (e.g. the need for toilet facilities nearby for
incontinent inmates, barrier-free access to the yard, etc.).
¾¾ Psychiatric and psychological care is part of health care and, as such,
must be ensured by the institutions.
¾¾ Regular visits, in particular, should help prevent the physical and
emotional neglect of long-time inmates.
¾¾ Inmates have the same right to care and nursing as persons who are
at liberty.
¾¾ Older, fragile or sick persons must be enabled to spend time in the fresh
air at regular intervals to maintain their health or promote healing.
Working group set up
A few weeks after the case became known, the Federal Minister of Justice
addressed the question of what arrangements are needed to make the
detention of mentally ill offenders more humane and treatment-oriented.
He deployed a working group to answer this question. The group was tasked
with surveying the current state of detention of mentally ill offenders defining
specific problem areas and making proposals for improvement from an
organisational and legislative perspective.
All disciplines
represented
The working group on reform includes high-ranking representatives of the
Federal Ministry of Justice, the Federal Ministry of Health and the prison
administration as well as experts and scientists with various specialisations.
The Chairwoman of the Monitoring Committee for the Implementation of
the Convention on the Rights of Persons with Disabilities and a representative
of the NPM were also invited.
After discussions of principles at the plenary session, the working group
divided into four sub-working groups. They developed reform proposals on
the topics “Policy and Boundary Issues”, “Assessment” and “Correctional
Practice”, which were then discussed at the plenary session.
Comprehensive
evaluation
140
The NPM representative primarily participated in the sub-working group
on Correctional Practice, which was, in turn, divided into seven sub-groups,
which concerned themselves with the following topics: “Development and
expansion of legal protection for patient’s rights“, “Quality assurance
and monitoring as well as system-related scientific research“, “Avoidance
of unconditional instructions“, “Control of the system for the detention
of mentally ill offenders”, “Placement, treatment and care practices in
correctional institutions and psychiatric hospitals”, “Improvements in the
area of conditional release” and “Transition management and after-care”.
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