here, especially since most detentions take place in the Linz central
area. Thought is being given to closing down other detention areas,
particularly the Steyr police detention centre, after the overall
renovation of the Linz police detention centre is completed.
In principle, the NPM welcomes the option – raised by the Federal
Ministry of the Interior – for a prisoner to make sole use of a cell for
multiple inmates if he expressly requests this and there is free
capacity. However, this does not change the fact that the semipartitioning of the toilet areas in cells for multiple inmates does not
fully meet the standards developed by the CPT (CPT Standards, p. 18,
margin no. 49; Finland Report of 11 May 1999, paras. 72, 73).
In cells occupied by multiple persons, the toilets should be walled in
on all sides. The structural deficits of the toilet areas, which the Federal
Ministry of the Interior does not intend to eliminate – primarily for
budgetary reasons – can result in a (potential) infringement of the
privacy rights of the affected persons, and therefore the NPM feels
obliged to criticise this situation. Moreover, the assignment of a cell for
multiple inmates to an individual person, which is currently a
possibility, can only serve as an interim solution, which does not
eliminate the cause of the problem. In addition, misunderstandings
can arise in communications with persons who speak foreign
languages – even if appropriate efforts are made – and there is no
adequate assurance that the affected persons will be made aware of
the possibility of single use of cells for multiple inmates.
Infringement of the right
of privacy
Moreover, the occupancy of the Salzburg police detention centre and
the Steyr police detention centre can quickly change and this could
exacerbate the basic problem of the failure to protect the right of
personal privacy. In addition, the spatial resources of the Steyr police
detention centre apparently do not permit the cell in question to be
occupied by only one person at the moment. Since every individual
prisoner has a right to the protection of his personal privacy, the
assurance of the Federal Ministry of the Interior that the
aforementioned eight-person cell will “only” be occupied by six
persons does not dispel the concerns of the NPM.
At the Graz police detention centre, the NPM has already criticised
repeatedly that toilets in cells for multiple inmates are only separated
from the rest of the cell by doors that are not fully closed off. The
Federal Ministry of the Interior considered completely walled in toilets;
however, there has been no implementation thus far. Most recently,
the Ministry stated that it had obtained offers to partition the toilet
areas up to the ceilings. However, since the offers needed to be
corrected, the Federal Ministry of the Interior could not name a specific
date by which the construction measures would be implemented. The
NPM welcomes the actions of the Federal Ministry of the Interior and
will await the implementation of the structural measures.
124
Inmate cells at the Graz
police detention centre
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