Police detention centres
Limited binding power
of the Directive on
Workplaces
However, the Federal Ministry of the Interior also remarked that the working
group, when defining those standards that require structural changes to the
police detention centre buildings that are several decades old, had chosen the
formulation “for new construction, extension and larger conversions”. The
NPM emphasised that this restriction is inappropriate and the working group
had not included such a condition in the jointly agreed standard.
As the working group standard for the toilets in cells for multiple inmates
does not contain such a restrictive formulation, the NPM recommended the
Federal Ministry of the Interior not to include this formulation in the Directive
on Workplaces. The Ministry held out the prospect that this condition would
appear several times in the Directive on Workplaces. The reason for this is the
clarification in the Directive on Workplaces that the obligation to implement
the standards does not come into effect with the release of the Directive on
Workplaces or for minor renovation measures. Measures such as the complete
separation of all toilets can only be implemented during major, longer-term
conversions, as in such cases the police detention centre would have to remain
closed for several weeks.
The Federal Ministry of the Interior assured that all Police Departments
could implement individual working group guidelines or standards from the
Directive on Workplaces on smaller construction measures (cell by cell or when
repairing damage).
The NPM will therefore continue to monitor the implementation of all
standards and guidelines of the Ministry that require structural measures.
Lockable lockers
The Federal Ministry of the Interior reported, as presented in the NPM Report 2019
(p. 158), about the lack of interest on the part of the detainees in St. Pölten
police detention centre in the pilot offer of locking the existing lockers in the
cells with a padlock. The NPM addressed the Ministry with this topic once again
and spoke out in favour of the provision of lockable containers for storing
small personal belongings of the detainees in all police detention centres.
Shelves planned in
Directive on Workplaces
The Federal Ministry of the Interior conceded that all of the detainees had
been positive about the opportunity to store small personal belongings in
the cells during the pilot phase in St. Pölten police detention centre. For this
reason, in accordance with the new Directive on Workplaces, there should be
the opportunity to place items on shelves in all cells in future provided there
is enough space. Where this is not possible, shelves shall be included in new
constructions, extensions or conversions.
In view of what the Federal Ministry of the Interior has reported, the NPM is
looking forward to the release of the new Directive on Workplaces.
Realisation of table visits
139
As explained in the NPM Report 2019 (pp. 155 et seq.), the regulations for
table visits in the decree on detention enforcement of the Federal Ministry of
the Interior of May 2019 deviated greatly from the standards discussed and
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