Nursing Home Residence Act In the assessment of the question whether measures restricting the freedom of these persons are “suitable”, “absolutely necessary” and “reasonable” to avert hazards and/or whether the hazards could have been averted by means of alternative, more benign measures, the Commissions found significant differences in the culture of how the law is applied. Statutory obligations were interpreted differently and not pursued with the same vigour. Furthermore, when examining the psychopharmacological medications that were prescribed, the Commissions found that some prescriptions could not be explained based on the diagnosis. This subject area will be pursued in depth by all the Commissions and the AOB. Psychiatric institutions The Commissions determined further that the SPT recommendation [see SPT/Inf (2010) 5, margin no. 139] to set up a central register, in which all restrictions on freedom in psychiatric institutions be recorded centrally according to type, reason and duration, was not carried out seamlessly. This also applies with respect of the use of cage beds that, according to the opinion of the SPT, must be phased out as a means of depriving agitated patients in psychiatric institutions and nursing homes of their freedom [see SPT/Inf (2010) 5, margin no. 134]. In Western Austria, their use has already been discontinued for some time. Institutions in Eastern Austria sometimes use them frequently – as was determined – and additionally use security services. The AOB will investigate this matter. In itinere monitoring of coercive acts In 31 cases, the Commissions observed the conduct of authorities that are empowered to exercise direct administrative power and compulsion. The Commissions specifically, but not exclusively attended forced returns, manifestations, major events and targeted campaigns. Role of the Association of Human Rights Austria during forced returns As a result, the Commissions often criticised the conduct of the representatives of the Association of Human Rights Austria. They are called in by authorities – in various roles – in the case of forced returns. They also found the assistance provided by a representative of the Association of Human Rights Austria to a man being deported as inadequate. The representative of the Association of Human Rights Austria did not even note the man’s request for clothing and toys for his children. The Association of Human Rights Austria was requested by the Federal Ministry of the Interior to accompany forced returns by way of charter 54

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