Correctional institutions also noticed that “wearing hoods pulled over the head is not permitted in the department”. Furthermore, there is a rule stipulating that “when the cell is opened by officers during the day, every inmate shall stand up and shall not remain lying on the bed. Failure to do so shall be punished”. Legal vaccum The NPM criticised that the interpretation of these rules for the inmates is at the discretion of the staff. The directives constitute an infringement of a person’s privacy that is lacking any legal basis. Their vagueness fosters treatment that can be perceived as arbitrary. Furthermore, it is not clear which sanctions are threatened in the event of violation. The Federal Ministry of Justice agreed with this criticism. The rules of conduct were removed from the department after a meeting between representatives of the general directorate and the management of Vienna-Simmering correctional institution. X Rules of conduct shall be determined by the law. X A set of rules shall be formulated such that the interpretation and implementation thereof is not left to the discretion of the staff. 2.5.8.3 Inconsistent penal practice - Vienna-Josefstadt correctional institution Arbitrary punishment On a monitoring visit to the correctional institution in June 2019, the commission criticised the punishment of breaches of discipline in the juvenile department. The prison guards set the consequences for breaches of the rules on a case-by-case basis. There is thus no clear definition of which punishment is imposed to what extent for which breach. The sanctions, the respective incident as well as any conversations held are not documented. International requirements This practice is contrary to the international recommendations according to which any type of behaviour that constitutes a breach of discipline shall be described as a statement of facts and the sanctions defined amongst others (“United Nations Rules for the Protection of Juveniles Deprived of their Liberty”, chapter L/rule 68). All disciplinary actions should also be documented. Implementation precept In the view of the NPM, the excessive punishment of infringements can go beyond disciplining and culminate in inhumane or degrading treatment. The possibilities for sanctioning breaches of obligation are diverse and intrude on the personal circumstances of the inmates, which can result in hardship, discrimination and victimisation. The penalty that prison inmates can expect for each misdemeanour using which measures and for how long shall thus be clearly regulated. 125