Correctional institutions detention pursuant to Section 21 (1) of the Austrian Criminal Code remain in the closed detention station until matters are stabilised. Contact with persons held in provisional detention at this station cannot be completely excluded, even if the treatments may be different. The type of placement is based on the psychiatric condition and the risk. Less favourable treatment as compared to correctional institution The NPM notes the effort to take the separation rule into account, when possible. It is true that the penal law provisions regarding pre-trial detention (Sections 182 et seq. of the Austrian Code of Civil Procedure) only apply to inmates held in institutions for mentally ill criminal offenders. However, for reasons of equal treatment, detainees who are held in public psychiatric hospitals provisionally should be entitled to the same conditions as persons in correctional institutions. Overcroweded Inquisitenzimmer There was also no response to the criticism that the room for inmates in need of acute psychiatric care (Inquisitenzimmer) was occupied by three persons on the day of the visit. This special room is generally occupied by a maximum of two persons. Only in individual cases, when further detention in a correctional institution does not make sense from a medical and psychiatric perspective due to the severity of the psychiatric disease, can the room be occupied by three persons on a temporary basis. In this case, there should be an immediate attempt to find another solution – in agreement with the medical superintendent. To the extent that the condition of the patient’s health permits, the patient should be transferred as quickly as possible to a correctional institution which guarantees around-the-clock medical and psychiatric care. Security straps visible The NPM also recommended a series of improvements, some of which could be implemented with little expense. For example, the security straps on strap beds can be covered without great effort, so that they are no longer visible to patients. The implementation of this measure should be monitored regularly. In addition, consideration should be given to whether it is really necessary for all patients to post a security deposit for the keys to their lockable boxes. Nursing service personnel were instructed to ensure that smoking rooms are ventilated more frequently. The existing exhaust system was subjected to a technical inspection. The extent to which additional structural measures can be taken based on security considerations is being evaluated. Visits by adolescents prohibited 110 The NPM’s criticism of a general restriction on visits by children under the age of 14 was also heeded. Instead of a general prohibition, there will be a caseby-case review in the future (e.g. when there are serious security concerns) of whether a restriction on visits by minors is absolutely necessary. In this case, a discussion with the patient and the relatives will be sought.

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