National Preventive Mechanism
¾¾ The NPM persists in its demand that the prison administration illustrates
the consequences of administrative offences.
¾¾ Providing this data to inmates is preventive in nature.
¾¾ This data should provide decision-makers with a background for
establishing a uniform rulings practice.
Complaint management and information regarding the options for obtaining
legal protection
Complaint
management required
In last year’s report (p. 60), the NPM demanded the systematic recording
and assessment of complaints so that the prison administration can quickly
identify enforcement deficits and promptly respond to them by taking
suitable measures.
There is presently no technical means of obtaining meaningful data because
complaints are not recorded in a systematic, comprehensive and structured
manner. However, the Federal Ministry of Justice has since accepted the
importance of complaint management as a source of information regarding
deficits and options for improvement. The Federal Ministry of Justice, together
with the prison administration, announced that they will seek “development
options”.
Chronological
sequence
According to the Federal Ministry of Justice, the completion of a nationwide
integrated prison administration Module for administrative penalty
proceedings is the prerequisite for a technical application in the form of a
“complaint register”. A test run was scheduled for the autumn of 2014. The
Module for administrative penalty proceedings should be placed in operation
nationwide by mid-2015. By 2016, an electronic “complaint register” should
be maintained in all institutions.
No information on new
stage of appeal
During a visit to the Graz-Jakomini correctional institution, Commission 3
found that many inmates were unaware of the changes in the appeal options
for administrative penalty proceedings and that recourse to the enforcement
court has been available since 1 January 2014. Therefore, the commission
informed the Federal Ministry of Justice of this matter.
According to the response letter, the inmate cell notice board was revised
and updated at the start of 2014. However, this updated version was not sent
to the institutions until September 2014. Until then, the inmates have been
made aware of the prevailing legal situation verbally or in writing in the
instruction about legal remedies.
152
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