2.6.2.3 Inadequate partitioning of toilet areas in cells for multiple inmates In the course of their visits to the Salzburg police detention centre, the commission criticised the fact that the toilet area in two-person cells is only separated from the rest of the cell by a partition so that the toilet area can be seen from the side. The commission found the partial walling off of toilet areas (without doors) to be problematic since a prisoner may be observed by a fellow prisoner or a guard while relieving himself. This would constitute a violation of the right of privacy. Two-person cells in the Salzburg police detention centre In this regard, the Federal Ministry of the Interior stated that renovating the 43 cells at the Salzburg police detention centre (by building walls, installing doors and then installing flooring and painting each cell) is not feasible under the budget. If a prisoner believes that his privacy is being invaded, he can make an express request to use a two-person cell alone – if there is free capacity. The Federal Ministry of the Interior stressed that, in general, police detention centres always respect a prisoner’s desire to use a cell for multiple inmates alone, as long as the number of persons housed at the Salzburg police detention centre permits and there are no countervailing concerns. Also at the Steyr police detention centre, the commission found that the toilet in a cell occupied by six prisoners serving an administrative penalty was not walled in on all sides at the time of the visit. Moreover, the prisoners’ toilet in the eight-person cell in the second upper floor is walled in all directions and has a door but it is open at the top. It is humiliating and degrading for prisoners to have to relieve themselves in such a way that their fellow prisoners are directly confronted with smells and/or noises. Therefore, the NPM asked the Federal Ministry of the Interior to take the necessary structural measures as quickly as possible to separate the toilet from the rest of the cell at the top as well. The Federal Ministry of the Interior rejected the suggestion of the NPM to extend the toilet wall to reach the ceiling. On one hand, such a structural change would prevent any ventilation of the toilet area. On the other hand, extending the wall would be too expensive due to the historic construction of the ceilings at the Steyr police detention centre. Moreover, the space available at the Steyr police detention centres does not permit the cell in question to be occupied by one person. However, the Steyr police detention centre has given its assurance that the cell will only be occupied by a maximum of six persons in the future. Moreover, upon request, a person may, if there are adequate resources, be moved to a single cell or given sole use of a cell for multiple inmates. If a prisoner asks to be alone in a cell and an appropriate inmate cell is free, the request will be granted. The overall renovation of the Linz police detention centre is of particular interest 123 Eight-person cell at the Steyr police detention centre

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