Hospitals and psychiatric institutions and sound are recorded and the filmed persons can watch the recording. A deescalating effect is expected when people can see the disruptive and dangerous behaviour for themselves. The picture and sound material is, however, also given to the police to preserve evidence in case criminal charges are filed. From the point of view of the NPM, it must be emphasised that Tirol Kliniken GmbH as the legal entity of both hospitals has broken new ground here, which is why the Human Rights Advisory Council was requested to perform a human rights evaluation of the situation. It must be ensured that patients can go outside in any case The restriction of other patients’ rights during hospitalisation is only permissible under Section 34a of the Hospitalisation Act if it is unavoidable for averting risk in the sense of Section 3 line 1 of the Hospitalisation Act or for protecting other persons in a psychiatric department, and if it is not disproportionate to the intended purpose. From this, it can be derived as a general rule that every patient shall be given the opportunity to go outside. Spending time outside regularly shall not depend on the staffing levels of an institution. The goal should be to provide conditions that promote the well-being of the patients. The City of Vienna, however, explained on the occasion of a visit to Hietzing Hospital – Neurological Rehabilitation Centre Rosenhügel that going outside could constitute a considerable risk of self-harm for suicidal patients and is therefore not to be endorsed from a therapeutic point of view. The NPM is of the opinion that even in cases such as these the patients should have the opportunity to go outside accompanied by a member of staff. The necessary staff must be provided accordingly. Waiting times for nonurgent heart operations in Graz On a visit to the University Clinic for Surgery, Clinical Department for Cardiac Surgery of the Regional Hospital in Graz in April 2019, Commission 3 ascertained that there were very long waiting times for non-urgent heart surgery. At the time of the visit, just two out of three operating theatres were ready for use due to structural deficits. As there were often cardiac emergencies – it was evident from the 2019 surgery plan that there was one emergency surgery on average per day –, the waiting time for plannable and postponable yet complicated heart surgeries was extended. Up until the day of the visit, the capacity was utilised only on weekdays and just until 3.00 p.m. meaning that surgeries had to be started before noon. There was one anaesthetist available in the afternoons (“late heart anaesthesia” from 11.00 a.m. to 7.00 p.m.), but they were only deployed for emergencies. The waiting time for heart surgery was some six weeks at the beginning of April, which, in the view of the NPM, appeared too long at any rate. The provision of an operating theatre for emergencies should be urgently considered. Furthermore, the capacity, in particular for anaesthesia, should be examined and expanded so that surgeries can be performed after 3.00 p.m. and at the weekend, and waiting times can be shortened. 45