Police detention centres
Regulations on the
protection of nonsmokers
The Federal Ministry of the Interior integrated all of the no smoking standards
for the protection of non-smokers agreed by the working group in the new
decree (see NPM Report 2017, p. 147).
Restriction of
opportunities for table
visits
Another important topic, which was discussed by the working group in detail,
was the visiting modalities. The working group agreed that in future open
visits should be the norm in police detention centres. The new decree deviates
from this regulation, which was discussed in detail and jointly agreed with the
Federal Ministry of the Interior (see NPM Report 2015, p. 122 et seq.). The NPM
criticises this action by the Ministry sharply and condemns it with regard to
the affected persons as a setback from the human rights perspective.
In accordance with the decree of January 2018, table visits for detainees
awaiting forced return and prisoners serving an administrative penalty should
be enabled depending on the existing space situation in the respective police
detention centre, provided there are no reasons to the contrary regarding the
prisoner or the visitors.
Supposed risks of
table visits
The decree of May 2019 stipulates that personnel resources for monitoring
table visits should also be a condition for the same. After much painstaking
correspondence, the Federal Ministry of the Interior recently communicated
that the highest possible standard of safety and order cannot be guaranteed
during table visits in the police detention centres. Table visits are therefore – as
has been the case to date – only possible in Vordernberg detention centre.
The Federal Ministry of the Interior pointed out that there is an increased
risk with visits to prisoners who are suffering from addiction or display a
mental disorder, as forbidden addictive substances, medication or syringes
can be smuggled in. There is also the risk that prisoners are coerced by other
prisoners into having themselves brought substances into the police detention
centre at table visits. Furthermore, the close personal contact with visitors or
relatives could trigger not only conflict but also impulsive assaults on visitors
by prisoners in order to blackmail their way out of detention. This risk is
prevalent among detainees awaiting forced return, for whom the detention
situation poses an emotional strain.
According to the Federal Ministry of the Interior, extensive personnel,
organisational and structural measures are required in the larger police
detention centres in particular, such as Hernalser Gürtel detention centre, in
order to counter these risks.
From a structural perspective, two completely separate visiting areas for table
and security visits including an entrance and exit security gate for visitors
with metal detector as well as a room for visits from accompanied children or
minors would have to be created there. It would be necessary to increase the
number of law enforcement officers deployed for security visits from two to
between eight and eleven to operate and monitor table visits. Furthermore, the
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