hygiene area. There will be a hygiene manager in every correctional
institution.
The NPM was also able to push through its request for a control or
warning system for inmates who repeatedly reject medical treatment.
Any such repeated rejection of a medical examination will be recorded
in the integrated prison administration’s MED Module (Medical Data) in
the future and this will automatically trigger a report to the medical
superintendent. Until the aforementioned expansion of the integrated
prison administration’s MED Module is implemented, the Office of the
Medical Superintendent will control the entries in MED Module on a
monthly basis.
Possibility to report
rejection of medical
exams
In the specific case, the question for the NPM is how it was possible for
the prison guards to (allegedly) notice the massive hygienic neglect of
the inmate’s legs only at such a late date. Despite the required
periodic visits, the fact that a person in detention was refusing to have
his legs cared for remained unnoticed for months. Due to this failure,
the health of the person in detention was jeopardised and impaired.
Responsibility in the
specific case
The Federal Ministry of Justice stresses that the inmate deliberately
brought about his own condition, intentionally concealed it, and
refused the care that was offered to him so that it was not possible to
provide physiological and psychotherapeutic treatment due to a lack
of cooperation on the part of the inmate.
The Public Prosecutor’s Office in Vienna is currently conducting
investigations of the staff of the Stein correctional institution for the
offence of torturing or neglecting a prisoner under Section 312 (2) of
the Penal Code. Disciplinary proceedings are also underway.
Ongoing investigative
proceedings
The NPM points out that one task of a correctional institution is to
ensure that a minimum standard of physical hygiene is maintained.
The Council of Europe also recommends in Item 47.2 of the new
version of the Standard Minimum Rules for the Treatment of Prisoners
(REC [2006]2) that “the medical service of the penal institution shall
provide for the psychiatric treatment of all other prisoners who are in
need of such treatment”.
NPM requirements
catalogue
The NPM demands that the care and nursing of inmates, who need
more care due to their age or their mental condition, is guaranteed in
Austrian correctional institutions to the same extent as for patients in
hospitals and nursing facilities.
Apart from the caseload which is reflected in an increased need for
personal attention by judicial officers and caregivers it should be
asked in each individual case whether it is appropriate to place such
persons in solitary detention when the frequent consequence of this is
a lack of socialisation with other inmates.
88
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