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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