2.5.8 Lack of ergo therapy for mentally ill offenders – Garsten correctional institution In Garsten, the commission not only addressed the medication issue but also examine the care being offered. The commission found that an expansion of the therapy programme, particularly the introduction of ergo therapy, would be constructive. Inadequate offering In this regard, the management of the facility stated that there was no therapy operation until this year. Moreover, there is no financing for the costs of an ergo therapist. No additional personnel could be hired and, in particular, the budget would not be increased, e.g. for the additional hours for the psychiatric personnel proposed by the commission. Lack of resources The Federal Ministry of Justice stated that the “more than desirable” offering of ergo therapy as a key element of the treatment of mentally ill offenders is not possible due to current budget restrictions. Moreover, the additional care personnel needed could not be hired through the recruitment agency for justice supporting staff. In part, this range of services can be covered by the occupational therapy operation established at the start of the year, which occupies some inmates with handicrafts work. Currently there is only a handicrafts group The NPM states that this is only a temporary measure, which can cushion the existing deficit but not compensate for it. In particular, it must be ensured that possible therapies are not omitted because they go beyond the institution’s standardised offering in terms of costs and effort. Otherwise, the requirement of individualisation expressed in the Federal Constitutional Court’s decision as at 4 May 2011 (EuGRZ 2011, 297 et seq.) will not be met. The activities do not meet the needs   The state’s duty of care includes offering the best possible individualised care to the inmate with the aim of reducing their specific risk as quickly as possible. Ergo therapies may not be omitted. 2.5.9 The furnishings of three-person inmate cells – Linz correctional institution During a visit to the Linz correctional institution in late summer 2013, the commission noted that three-person inmate cells were consistently furnished with two bunk beds, which – in combination with the arrangement of the windows, which did not permit inmates to look outside – intensified the impression of constriction. Two bunk beds in threeperson inmate cells According to the Federal Ministry of Justice, the Linz correctional institution lost space for 35 male inmates due to the establishment of a department for female inmates. For this reason, two bunk beds were Remodelling causes consolidation 110

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