Correctional institutions 2.5.2.4 Going outdoors Prisoners who do not work outdoors are entitled to go out into the fresh air for an hour every day. Mentally ill offenders in detention also have this right. The time shall be extended if this is possible without impeding the routine and order in the institution. An hour outdoors every day To reduce the risk of infection, Korneuburg correctional institution temporarily partitioned the walking areas with plastic sheets and used their sport areas as well. In this way, it was possible for all detainees to spend time outdoors at the usual time. Furthermore, social distancing was practiced sufficiently. Other institutions such as Stein correctional institution strictly ensured that detainees from different departments did not come into contact with each other. Some correctional institutions managed to extend the amount of time spent outdoors. For example, Klagenfurt correctional institution extended the yard exercise period to one and a half hours. Linz and Mittersteig correctional institutions allowed the detainees two hours outdoors. St. Pölten correctional institution was able to schedule a second yard exercise period in the afternoon. If the staffing situation and shift plan allow, this programme should be maintained after the end of the pandemic. Only Vienna-Josefstadt correctional institution failed to comply with the legal obligation. The argument was that the detainees from each cell would have to be taken to the yard separately from the detainees from other cells, as otherwise the isolation would be interrupted and the existing quarantine to no avail. This is not affordable due to the size of the institution and the notorious lack of staff. The NPM criticised this restriction. Every effort should be made to ensure that the right to spend time outdoors is upheld, particularly when the admission department is under permanent lock-up. 2.5.2.5 Receiving mail The general directorate banned accepting laundry parcels in spring 2020 to prevent the virus being brought into the institutions. Detainees were thus not able to receive parcels with clothes from relatives or friends. In view of the early summer temperatures in April in particular, the detainees urgently awaited these parcels. Parcels returned To the NPM it was inexplicable why the parcels were returned to sender and not stored in the correctional institution until they could be distributed to the detainees without reservation. This measure was not objectively justifiable. Even the sources to which the Federal Ministry of Justice refers precluded as early as the beginning of March that the virus “is transmitted to persons via commodities (parcels, clothes, objects), groceries, drinking water and tap water” (AGES risk communication “FAQ Coronavirus”, as per 5 March 2020, 106

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