Correctional institutions
day). All of the cell doors were also locked when the NPM visited the regular
detention area of Department A4 in December 2018 (at round 9.45 a.m.).
Locked in for up to
23 hours
The situation was similar in Wiener Neustadt correctional institution. The
NPM noted there too that the cell opening times for the regular detention
area in the women’s section are not observed. Contrary to the information
from the Federal Ministry of Constitutional Affairs, Reforms, Deregulation and
Justice as well as the concept for women in prison, the cell doors of the regular
detention area are usually locked for up to 23 hours per day. For example, all
of the regular detention cells were locked on a Tuesday when the NPM arrived
in the women’s section at around 11.00 a.m. and at around 1.20 p.m.
It does not suffice to set cell opening times if they are not complied with in
practice. The NPM therefore urgently recommended complying with the
specified regulations. The staff of Wiener Neustadt correctional institution
stated in this context that the regular detention cells are only opened if two law
enforcement officers are working in the women’s section. The Federal Ministry
of Constitutional Affairs, Reforms, Deregulation and Justice points out that
(only) 1.5 law enforcement officers are missing to form a complete team in
the law enforcement area in Wiener Neustadt correctional institution. The
NPM can only draw the conclusion that the allocated permanent positions
evidently are not sufficient to enable compliance with the cell opening times.
More staff required
The necessity for additional permanent positions was addressed in the
previous year’s report (see NPM Report 2018, p. 128 et seq., pp. 130 et seq.). The
Federal Ministry of Constitutional Affairs, Reforms, Deregulation and Justice
states that in accordance with the recommendation of the NPM, additional
permanent positions are being requested for the staffing plan 2020 und 2021
to reduce the lock-up times. In addition to the increase in permanent positions,
the structural changes and optimisation of the personnel resources which are
needed to avoid lock-up times of up to 23 hours per day should be examined.
Successive
improvements
On the positive side, according to information from the Federal Ministry of
Constitutional Affairs, Reforms, Deregulation and Justice, the request of the
NPM was followed in Vienna-Josefstadt correctional institution and detention
in shared accommodation extended to all departments of the women’s section.
All inmates can now leave their cells of their own accord between 7.00 a.m.
and 10.00 p.m. as a general rule.
A complete shared accommodation for detainees awaiting trial was – after a
pilot phase – also established on 1 September 2019. The department for nonsmokers, adolescents as well as mothers with children has been operated as a
shared accommodation since mid-2018.
Linz correctional
institution
125
Regarding Linz correctional institution, the Federal Ministry of Constitutional
Affairs, Reforms, Deregulation and Justice reports that the cell opening times
in the women’s section have been extended since June 2019. This is possible
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