Fundamental Rights
Right to freedom
Inmate released late
An inmate was released three days late from Klagenfurt prison:
instead of being released on Friday, he was not released until
the following Monday, as the reversal of verdict had been forwarded too late. Although the Graz Higher Regional Court decision was sent to the offices of the Chief Justice of Klagenfurt
Regional Court via fax at 1.14 pm, it did not reach its destination
until 10 am on the following Monday.
N. had been sentenced to 20 months in prison. Pursuant to a decision of 17 July 2009, the Graz Higher Regional Court ruled that the
criminal proceedings regarding N. should be reopened. 17 July 2009
was a Friday. At Klagenfurt Regional Court the filing office and the
offices of the Chief Justice were staffed without interruption until 3.30
pm. In the criminal departments, at least one employee is always
present until 3.30 pm, and this was the case on 17 July 2009. After
the necessary statement had been obtained from Klagenfurt prison,
N. was released on 20 July 2009 at 11.40 am
Held in custody three
days too long
The late release would have been avoidable if the Graz Higher Regional Court decision had not been sent to the offices of the Chief
Justice of Klagenfurt Regional Court but instead directly to the filing
office. The Ministry of Justice stated that it would have been feasible
to send the decision on appeal to the relevant department during the
afternoon of 17 July 2009. It would then probably have been possible
to contact Klagenfurt prison to clarify the question of custody that
day. However, the Ministry of Justice pointed out that in retrospect it
was impossible to say precisely how much time the interaction between court and the prison would have taken.
Response from the
Ministry of Justice
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