of the commission’s visit, slightly more than a quarter of the 225
inmates (i.e. 65 inmates) had work.
The prison warden had attempted to decease the lock-up times by
increasing the time spent outdoors from one hour to one and a half
hours. He also pointed out the recreational areas in the departments
and the opportunities to engage in sports. However, due to the
structural situation and the high occupancy, it is not possible at the Linz
correctional institution to maintain departments in which inmate cells
are open throughout the day.
Little opportunity to
move about
The commissions’ observations at the Sonnberg, Vienna-Josefstadt and
St. Pölten correctional institutions showed that personnel shortages can
have an adverse impact on inmates and that rights may not be fully
protected.
Duty roster adversely
affects inmates
In Sonnberg, the commission criticised the structure of the duty roster,
which moved up the start of the lock-up times on Wednesday from 7
p.m. to 5 p.m. so that the task force can have sufficient time for training.
The Federal Ministry of Justice pointed out that the staffing level at the
Sonnberg correctional institution was low in comparison to the number
of inmates. Nevertheless, efforts were being made to keep lock-up
times comparatively short. The task force had to be trained with the
prescribed frequency, and such training could currently only be provided
on this day of the week.
The NPM replies as follows: If the training plan results in an increase in
lock-up times on one day, this should be compensated for on another
day. The prison warden can order this.
The disadvantage
should be
compensated for
In turn, at the Vienna-Josefstadt correctional institution, the commission
again found that inmates were not permitted to spend time outdoors
even though the weather on this day did not preclude this. Many
inmates complained that they were denied outdoor exercise much too
frequently.
Outdoor exercise not
provided
A personnel shortage, which was cited by the management of the
facility at the concluding meeting, is not acceptable and prevents
satisfaction of the rights required by the Penitentiary System Act
(Strafvollzugsgesetz). The NPM strongly demands that the inmate’s right
to time outdoors is fully granted.
Rights must be
protected
At St. Pölten, the personnel shortage and the shift system (after 3 p.m.,
there are only four guards available) sharply curtail recreational
activities. Thus the gym cannot be used in the afternoon. As a result of
the extended night shift, all activities are crowded into the shortened
daily routine, which means that inmates must decide whether they wish
to work or spend time outdoors.
Savings measures
have adverse impact
on inmates
There is a right to outdoor exercise. This right must be waived if the
Wrong signal being
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