Correctional institutions
Vienna-Josefstadt
correctional institution
The Federal Ministry of Constitutional Affairs, Reforms, Deregulation and
Justice also claims that neither in Vienna-Josefstadt correctional institution nor
in any other correctional institutions orifices (anus, genitals) are routinely (i.e.
without founded and serious suspicion) searched when persons are admitted
to the prison.
It must be noted that the response from the Federal Ministry of Constitutional
Affairs, Reforms, Deregulation and Justice and the reports from the interviewed
persons deviate from each other on this point. The NPM stresses that a body
search including the inspection of orifices that are normally covered may be
ordered without exception in special circumstances and in cases of founded and
serious suspicion. Unnecessary, routine naked inspections and examinations
of otherwise covered orifices are humiliating in the sense of Article 3 of the
European Convention on Human Rights. It was recommended to address the
permissibility of searching orifices that are normally covered more precisely in
the teaching aid “Searching persons”.
Hirtenberg correctional
institution
The NPM qualifies the regular body search with disrobement of detainees after
every table visit in Hirtenberg correctional institution as excessive. Passing
of unpermitted objects from one person to another can also be prevented by
monitoring the visit. The Federal Ministry of Constitutional Affairs, Reforms,
Deregulation and Justice confirmed that body searches shall only be ordered
or conducted randomly in suspected cases. It remains to be seen whether
Hirtenberg correctional institution refrains from regularly conducting body
searches after table visits in future.
Disrobement in two
steps
In line with the recommendations of the CPT and after incidents at ViennaJosefstadt correctional institution, the NPM once again requested that body
searches with disrobement are always conducted in two steps so that the
person to be searched does not have to fully undress. It is regrettable that this
recommendation is still not being followed.
Documentation
The recommendation that the reason, concomitant circumstances and the
way in which the body search including disrobement is conducted shall be
documented in writing still applies (see NPM Report 2017, p. 130; NPM Report
2018, p. 136).
Alternatives preferred
It was also recommended to evaluate in how far other methods (for example,
the use of body scanners) can be applied. The response from the Federal
Ministry of Constitutional Affairs, Reforms, Deregulation and Justice indicates,
however, that in view of the substantial acquisition cost and current budget
situation, it would appear that the use of so-called body scanners cannot be
implemented.
Training needs
As far as the NPM is concerned, the further training programme is
underdeveloped. Conducting body searches while observing the detainees’
sense of pride, human dignity and, at the same time, considering any security
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