Police detention centres
2.6.4
Further aspects of detention enforcement in police
detention centres
As presented in the NPM Report 2019 (p. 158), the Federal Ministry of the
Interior rejected implementing the opportunity for detainees to use video
telephony (via Skype) with reference to the high yearly software licence fees
and the one-off cost for the hardware. In further discussions, the Ministry
voiced understandable security concerns in connection with the use of the
internet for video telephony, which the NPM acknowledged.
Video telephony
On monitoring visits to Wels and Salzburg police detention centres, the
commission observed that the detainees were not able to receive visits or only
received “glass visits”. Furthermore, the voice quality in the visiting rooms
of Salzburg police detention centre was severely limited due to the plexiglass
shield and the spatial conditions.
In Klagenfurt correctional institution, detainees have had the opportunity to
communicate with the outside via an application for video conferences since
spring 2020. This video telephony served as a substitute for the personal visits
that had to be stopped during the pandemic. It was noticeable in this case that
use of the application was free of charge if the video conference or video call
did not last longer than 40 minutes.
Free video telephony
Since the Federal Ministry of Justice communicated that it had already
commissioned the installation of telephony in all correctional institutions, the
NPM recommended the Federal Ministry of the Interior to establish a similar
opportunity in police detention. Furthermore, the NPM recommended that
the Federal Ministry of the Interior obtain information on the organisation
of video telephone calls in correctional institutions from the Federal Ministry
of Justice. The Federal Ministry of the Interior stated that it did not plan to
implement video telephony as another form of communication for detainees
(in addition to telephone calls, letters and visits).
As justification, the Federal Ministry of the Interior referred to the fact that
the Federal Ministry of Justice defined video telephony as a variable form of
telecommunications for detainees in prisons pursuant to Section 86 of the
Penitentiary System Act (Strafvollzugsgesetz) and not as a visit pursuant
to Section 93 of the same act. Furthermore, the conditions stipulated in the
Penitentiary System Act for approving telephone calls, the content of which
is the same as those in Sections 19 and 21 of the Detention Regulation
(Anhalteordnung), deviate from those for granting visits.
The Federal Ministry of the Interior emphasised that telephone calls in justified
cases might be a subjective right of the detainees; however, they would have
to state and verify the reasons for the same. That is why a general approval of
telephone calls is neither conformant with the law nor planned by the Federal
Ministry of Justice as part of the implementation of video telephony in the
Legal reservations of the
Ministry of the Interior
142
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