National Preventive Mechanism
NPM is of the opinion that the meeting with the physician contributed to
sensitising her and making her aware of the problem.
¾¾ Anomalies in the prescription of psychiatric drugs can be quickly detected
with the aid of the “Medication Management” controlling module.
¾¾ The monthly reports are to be screened for prescription practices.
¾¾ If necessary, the office of the medical superintendent must ask the
institution’s physician for clarification.
2.5.8 Lack of ergo therapy for mentally ill offenders – Garsten correctional
institution
In Garsten, the commission not only addressed the medication issue but also
examine the care being offered. The commission found that an expansion of
the therapy programme, particularly the introduction of ergo therapy, would
be constructive.
Inadequate offering
In this regard, the management of the facility stated that there was no
therapy operation until this year. Moreover, there is no financing for the
costs of an ergo therapist. No additional personnel could be hired and, in
particular, the budget would not be increased, e.g. for the additional hours
for the psychiatric personnel proposed by the commission.
Lack of resources
The Federal Ministry of Justice stated that the “more than desirable” offering
of ergo therapy as a key element of the treatment of mentally ill offenders
is not possible due to current budget restrictions. Moreover, the additional
care personnel needed could not be hired through the recruitment agency for
justice supporting staff. In part, this range of services can be covered by the
occupational therapy operation established at the start of the year, which
occupies some inmates with handicrafts work.
Currently only a
handicrafts group
The NPM states that this is only a temporary measure, which can cushion the
existing deficit but not compensate for it. In particular, it must be ensured that
possible therapies are not omitted because they go beyond the institution’s
standardised offering in terms of costs and effort. Otherwise, the requirement
of individualisation expressed in the Federal Constitutional Court’s decision
as at 4 May 2011 (EuGRZ 2011, 297 et seq.) will not be met.
Activities do not meet
needs
¾¾ The state’s duty of care includes offering the best possible individualised
care to the inmate with the aim of reducing their specific risk as quickly
as possible.
¾¾ Ergo therapies may not be omitted.
161
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