In response to the criticism of the NPM, the Federal Ministry of the
Interior required employees working in Upper Austrian police
detention centres to be sensitised to the need for written
substantiation when prisoners are placed into specially secured cells
and the need to guarantee medical care to these persons. According
to the Federal Ministry of the Interior, the police department of Upper
Austria met with the commanders of the Linz, Wels and Steyr police
detention centres in June 2014. In July 2014, selected employees of
these police detention centres received appropriate training. Since
then, all of the employees of police detention centres of Upper Austria
have received such training.
Federal Ministry of the
Interior orders training
The NPM considers these training and sensitisation measures to be an
important step in ensuring that legal requirements for the detention of
prisoners in specially secured cells and the documentation thereof are
observed in the future. It can only be hoped that the measures already
taken result in a permanent increase in the quality of the
substantiation and documentation of the placement of prisoners into
security cells.
In 2012 – when faced with the question of whether persons impaired
by addictive drugs are fit to undergo detention – the NPM proposed a
thorough reconsideration of the placement of inebriated, substanceimpaired and mentally ill persons and persons who are a danger to
themselves into specially secured cells. The Federal Ministry of the
Interior announced that it would develop a guideline elaborating a
desirable approach so that the healthcare needed by such persons is
adequately taken into account in the future. Unfortunately, the Federal
Ministry of the Interior has been unable to implement its announced
policy thus far. In justification, the Ministry stated that the development
of such a practice guideline is closely related to the revision of the
guideline for police medical service and the Code of Conduct for
Detention.
Substance-impaired
and mentally disordered
persons
However, the current practice shows that it is urgent for the Federal
Ministry of the Interior to reconsider its dealings with inebriated,
substance-impaired and mentally disordered persons and prisoners
who are a danger to themselves. The development of criteria for the
medically necessary transfer of such persons to specialised clinics
instead of their placement into specially secured cells could minimise
the risk of jeopardising the health of this particularly vulnerable group
of persons by making a bad decision. Therefore, the NPM will continue
to urge such a solution.
A practice guideline
must still be developed
Under the detention regulations, the reason for placing a prisoner into a specially secured
cell must be documented in each individual case.
A guideline must be developed, which takes the healthcare of inebriated, substanceimpaired, and mentally ill persons and persons who are a danger to themselves into
account.
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