National Preventive Mechanism
The NPM’s ongoing collaboration with the working group on Correctional
Practice and its collaboration with the working group on Policy and
Boundary Issues provided it with the opportunity to contribute a series of
legislative proposals, which had been submitted by the commissions, and
bring them up for discussion. These included the question of whether patient
representatives had to be informed if a person was placed in restraint
under Section 21 (1) of the Austrian Criminal Code as is the case under the
Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz). It was
suggested that persons being held in detention are entitled to an effective
defence in release proceedings. Apart from a series of considerations relating
to raising the quality of psychiatric expert opinions, it was also suggested
that persons being held in detention should receive a hearing in a much
shorter time span than is currently the practice.
NPM‘s suggestions
included
The leader of the sub-working group on Correctional Practice also organised
two workshops, which included the staff of all institutions concerned with
the detention of mentally ill offenders. A multi-day symposium (Forensic
Science Days held in Stodertal), at which representatives of the NPM spoke
on the relevant observations made by the commissions also provided ample
opportunity to discuss proposed improvements.
Inclusion of all affected
institutions
The sub-working group on Correctional Practice submitted a 19-page
requirements catalogue to the plenary session which covered almost all of
the items relating to the detention of mentally ill offenders, starting with the
predicate offence and proceedings to quality criteria for after-care facilities
and possible improvements.
Numerous proposals
for improvement
This catalogue of requirements, together with the results from the other subworking groups, is now being summarized into an overall report, which will
be submitted to the Federal Minister of Justice after it has been finalised at
the plenary session in early February.
¾¾ The NPM welcomes the extensive efforts to reform the detention of
mentally ill offenders. It awaits swift legislative implementation of the
project report.
¾¾ It is desirable to combine provisions, which are currently scattered
throughout various laws, into a single law.
¾¾ Such terms as “mentally disturbed offenders” and “mental abnormality”
should be eliminated and replaced with contemporary, nondiscriminatory terms.
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