Police stations
In view of the serious effects of fire-related incidents in cells, the commissions
made observations of the organisational and technical fire protection on their
monitoring visits.
In the area of short-term police detention, the commissions addressed the
monitoring priorities on about 40% of all visits in 2020. The evaluation
showed that it can be generally assumed that alarm buttons are properly
installed in the cells in police stations. The NPM also had an overall positive
assessment of the organisational and technical fire protection. An inadequate
fire protection plan was the subject of a complaint in just one case, which the
Federal Ministry of the Interior updated immediately.
Final evaluation of the
former priorities
The NPM therefore stopped following the existing monitoring priorities and
defined new ones.
New monitoring
priorities
Due to the importance of meticulous detention documentation from a
fundamental rights perspective and the deficits identified in recent years, the
NPM decided – with the involvement of the Human Rights Advisory Council
– to define the proper documentation of detention in the detention book as
a monitoring priority in 2021 (see chapter 2.7.4). The NPM will report about
the experiences gained and the results of the evaluation of this monitoring
priority.
The second monitoring priority covers the barrier-free status of all police
stations in Austria, as – in spite of the generous transition periods – many
police stations are still inadequately equipped (see chapter 2.7.5). The NPM
has set itself the following goals: the acceleration of the implementation of
the legally stipulated status as well as the recording and recommendation of
interim solutions if implementation appears unachievable in the foreseeable
future. Furthermore, persons with disabilities should not be detained in police
stations without barrier-free accessibility in the view of the NPM.
2.7.4
Inadequate documentation of detention
The commissions regularly view the detention books and detention logs on
their monitoring visits. Restrictions of freedom constitute serious infringements,
which is why they must be fully documented.
Persons who are arrested have rights of information and notification (see most
recently NPM Report 2019, p. 172 et seq.). Failure to respect these is a violation
of the constitutionally guaranteed right to personal freedom. Public security
officers shall inform detainees of their rights and document the same. The
detained person shall confirm the receipt and availing or waiving of rights of
information and notification. If a person refuses to sign, the law enforcement
officer shall document the same in the log.
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