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 109

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