disorder, a psychiatrist must be brought in, according to an instruction
of the medical superintendent. Since, in practice, the necessary
medical specialists are not available on short notice at some locations,
the expertise of a clinical psychologist should be sought in such cases.
The review and consideration of (external) medical documents in
connection with the evaluation of mental symptoms is also essential.
The CPT has always emphasised that treatment by a medical
specialist, if necessary, is part of standard medical care. However, it
has become apparent that, despite the efforts of the Federal Ministry
of the Interior, outside of Vienna, psychiatrists are not always available
to care for detainees in police detention centres. If treatment by a
medical specialist is not possible in a police detention centre, the
Federal Ministry of the Interior must ensure that the detainee receives
the necessary care of a medical specialist through out-patient models
in psychiatric wards. The practice observed by the commissions – i.e.
placing prisoners in specially secured cells and ordering their transfer
to another police detention centre where psychiatric care is available –
does not, in the opinion of the NPM, meet the requirements of prompt
and appropriate medical care.
Access to treatment by
medical specialists
Irrespective of the planned transfer of detained persons to other police
detention centres, the placement of inebriated, substance-impaired,
mentally ill persons and persons who are a danger to themselves into
specially secured cells constitutes a potential risk to such persons (see
Item 2.6.2.2 regarding the working group on suicide prevention).
Therefore, within the framework of the working group on suicide
prevention, experts of the NPM – together with the Federal Ministry of
the Interior – should develop a practice guideline, which gives
adequate consideration to the provision of health care to these
persons, and criteria for their transfer to specialised clinics if medically
necessary.
Security cells
The NPM concerned itself with the question of what happens to
detainees who are found to be unfit to undergo detention due to
severe somatic and/or mental problems. The former Human Rights
Advisory Board at the Federal Ministry of the Interior has
recommended “that a concept be developed which would include
care facilities and hospitals, to ensure that persons found to be unfit to
undergo detention are not released into the streets without care or
held in continued custody due to a lack of alternatives, but can be
provided with proper medical, psychiatric or social care on a case-bycase basis” (Recommendation No. 213/51).
Care after release from
detention
The Federal Ministry of the Interior added that detention should be
promptly ended after a finding is made that the person is unfit to
undergo detention. If the requirements of the Hospitalisation of
Mentally Ill Persons Act are met, the person can be involuntarily
committed. If the requirements of the Hospitalisation Act are not met,
the police physician should inform the person of any additional
medical measures and possibilities. However, the Federal Ministry of
the Interior will no longer be responsible for implementation.
130
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