Preface
This report, consisting of around 200 pages, documents the activities of the Austrian
Ombudsman Board as National Preventive Mechanism (NPM) in 2019. All of the
activities described in this report serve to protect individuals from abuse and degrading
treatment. Serious human rights violations typically occur in situations in which there
is a power gap or if people cannot make themselves heard.
The Austrian Ombudsman Board (AOB) has the statutory mandate to monitor public
and private institutions and facilities where the freedom of individuals is restricted.
These so-called places of deprivation of liberty include correctional institutions, police
stations, detention centres, retirement and nursing homes, psychiatric wards and child
and youth welfare facilities. The commissions of the Austrian NPM conduct monitoring
visits in these institutions and facilities on a regular basis to draw attention to deficits
and risks, and to effect improvement. A special feature of the Austrian preventive
mandate is that, in addition to these places of deprivation of liberty, institutions and
facilities for persons with disabilities and police operations are monitored and observed
as well.
Conditions worthy of criticism and risks were perceived on around three quarters of all
monitoring visits in the year under review: inadequate staffing levels, lack of barrierfree accessibility, overcrowded correctional facilities, disproportionate measures that
restrict freedom, and the placement of mentally ill children in adult psychiatric wards
are just a few examples. Regardless of how diverse the deficits are, they have one thing
in common: for all those affected, they always mean risk and even great suffering in
the worst case.
Some of the deficits ascertained could be quickly rectified after talking to those responsible.
Visible improvements in previously visited institutions were evident in many cases on
follow-up visits. However, the criticism and recommendations for improvements often
result in long procedures with operator organisations and supervisory authorities. And
in many cases, they too reach the limits of what can be done, simply because politicians
fail to set up the necessary framework.
The framework is basically determined by the resources available. Sufficient financing
and properly qualified staff are key factors in the creation of humane conditions. If the
staff is overstrained, the risk of human rights violations increases. The work overload
is frequently attributable to staff shortages, insufficient qualification or a lack of
appropriate understanding for the relevant profession.
In many cases there is a lack of information and awareness of how actions can constitute
a violation of human dignity. The NPM has addressed this issue in a large number of
activities in the field of training and further education.