At its last meeting of 2013, the Human Rights Advisory Council decided
to establish a working group on this issue. The results of its
deliberations are awaited. The NPM will then recommend further
approaches to the Federal Ministry of Justice.
Human Rights Advisory
Council establishes a
working group
The NPM persists in its demand that the prison administration illustrates the consequences
of administrative offences.
Providing this data to inmates is preventive in nature.
This data should provide decision-makers with a background for establishing a uniform
rulings practice.
2.5.2.9
Complaint management and information regarding
the options for obtaining legal protection
In last year’s report (p. 60), the NPM demanded the systematic
recording and assessment of complaints so that the prison
administration can quickly identify enforcement deficits and promptly
respond to them by taking suitable measures.
Complaint management
is required
There is presently no technical means of obtaining meaningful data
because complaints are not recorded in a systematic, comprehensive
and structured manner. However, the Federal Ministry of Justice has
since accepted the importance of complaint management as a source
of information regarding deficits and options for improvement. The
Federal Ministry of Justice, together with the prison administration,
announced that they will seek “development options”.
According to the Federal Ministry of Justice, the completion of a
nationwide integrated prison administration Module for administrative
penalty proceedings is the prerequisite for a technical application in
the form of a “complaint register”. A test run was scheduled for the
autumn of 2014. The Module for administrative penalty proceedings
should be placed in operation nationwide by mid-2015. By 2016, an
electronic “complaint register” should be maintained in all institutions.
Chronological sequence
During a visit to the Graz-Jakomini correctional institution, Commission
3 found that many inmates were unaware of the changes in the
appeal options for administrative penalty proceedings and that
recourse to the enforcement court has been available since 1 January
2014. Therefore, the commission informed the Federal Ministry of
Justice of this matter.
No information
regarding new stages of
appeal
According to the response letter, the inmate cell notice board was
revised and updated at the start of 2014. However, this updated
version was not sent to the institutions until September 2014. Until
then, the inmates have been made aware of the prevailing legal
situation verbally or in writing in the instruction about legal remedies.
101
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