Correctional institutions
X
Isolation shall not be imposed as a purely universal preventive measure because this
would violate the presumption of innocence.
2.5.9
Infrastructural
weaknesses
Detention of mentally ill offenders
The number of offenders on whom the courts have imposed preventive
measures that deprive liberty continues to rise. The special treatment and
care needs of this group of persons as well as the necessity to separate them
from prison inmates poses increasing challenges for the administration of the
judiciary. Often those hospitalised have to wait for a considerable amount
of time after their verdict becomes legally binding until a place is free in the
institution prescribed for them. This is exacerbated by the deficient material
and personnel situation in the target institutions.
Whereas in recent years, the NPM Report predominantly contained observations
from the correctional institutions, critical descriptions of conditions in the
public hospitals in which mentally ill offenders are housed (temporary or
permanently) were more frequent in the period under review. There is a need
for investment here too.
2.5.9.1 Protective restraints due to lack of space - Graz II Regional
Hospital
Separate room for
inmates in need of
acute psychiatric care
On their monitoring visit to the First Forensic Department of Graz II Regional
Hospital in September 2019, the commission specifically addressed the living
conditions of those patients who were in the separate room for inmates in
need of acute psychiatric care on that day.
The separate room for inmates in need of acute psychiatric care is a room that
is located inside the forensic ward to house inmates who, due to their mental
condition, have to be taken temporarily from Graz-Jakomini, Graz-Karlau
or Leoben correctional institution to a hospital. This sickroom is monitored
through an observation window connected to an office that is available to the
prison officers.
Preventive handcuffing
The experts observed that there were three persons in the sickroom that is
designed for two beds and there were restraints in place.
It is extremely stressful for patients to experience a person beside them being
restrained. The commission also observed that, due to the lack of space, persons
are placed under “protective restraints” to prevent assaults on other patients.
Degrading treatment
127
In view of the principle of proportionality, against which every intervention
shall be measured, this practice is objectionable. In addition, restraints that
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents