set up in each of the eight three-person inmate cells in Department 1
and eight three-person inmate cells in Department 2 (previously each
of these inmate cells had a bunk bed and a single bed). The single
beds were temporarily converted into bunk beds using a push-fit
system. Each of these inmate cells has a total area of 19.5 m2, or 57.4
m3. Under the factual situation (occupancy), the prison administration
is endeavouring to restore the original condition in the three-person
inmate cells, i.e. one bunk bed and one single bed.
In the view of the NPM, the loss of inmate cells cannot justify setting up
two bunk beds in three-person inmate cells of this size. Even if the
room size permits, there must be sufficient natural light and fresh air
supply in addition to the available space; see also the (CPT) Report on
Austria from 15 to 25 February 2009, GZ 311363/2009, CPT/Inf(2015)5.
Inmates must have the opportunity to spend a reasonable part of the
day outside of the cell. The approach may be temporary, but having
four persons occupy these inmate cells is not an appropriate
placement at the Linz correctional institution due to the spatial
constriction.
Furnishing a three-person inmate cell with two bunk beds should be avoided due to the
possible overcrowding of the cell.
2.5.10
Specially secured cells in questionable condition – Feldkirch
correctional institution, Dornbirn field office
In the Dornbirn field office of the Feldkirch correctional institution the
members of the commission noted two isolation cells in the basement,
which, according to the commanding officer, were currently no longer
in use. One isolation cell was being used to store cleaning agents.
Abandoned inmate cell
The commission considered the condition of the two specially secured
cells questionable. There were many corners and edges. If these
inmate cells were occupied, the risk of injury would be great.
Safety hazard
The Federal Ministry of Justice added that there were only inmates
with relaxed sentences at the field office. There was no likelihood that
they would be placed in a specially secured cell. In addition, the
Penitentiary System Act imposes no obligation for every institution to
have a specially secured cell.
When presented with the question, the Human Rights Advisory Council
agreed with the opinion of the Federal Ministry of Justice. If there is,
nevertheless, an incident, the inmate can be transferred to the main
institution or a nearby hospital, if necessary, without undue delay.
Human Rights Advisory
Council shares the
opinion of the Federal
Ministry of Justice
In light of this, the NPM recommends that, when specially secured
cells are no longer being used as such and no need for such cells is
Necessary precautions
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