Correctional institutions
XX
It must be ensured that companies providing occupational opportunities at correctional
institutions keep those continuously open. The inmate employment rate should be
increased – either by optimising personnel resources or – if this is not possible – by
adding personnel.
XX
Work opportunities for detainees awaiting trial must be expanded.
2.5.9.2 Outdoor exercise and alternative opportunities to exercise Vienna-Josefstadt correctional institution
Required minimum time
not reached
Opportunities for outdoor exercise are especially important to the health of
persons who have been deprived of their liberty. Legislators have granted
inmates a subjective right vis-à-vis public authorities to one hour per day of
time spent outdoors (two hours for juveniles), if weather permits and if they do
not work outdoors. International guidelines also require an inmate to spend a
daily minimum of one hour outdoors.
Repeated complaints
During a visit to Vienna-Josefstadt correctional institution in January 2017,
prisoners repeatedly complained that outdoor exercise lasts for less than the
required 60 minutes. Moreover, outdoor exercise is often cancelled when it
drizzles, with the justification that this constitutes “bad weather”. The Federal
Ministry has assured the NPM that the daily schedule of Vienna-Josefstadt
correctional institution includes one hour of time spent outdoors. However, at
the same time, it pointed out that compliance with this requirement depends
on the cooperation of the inmates. If there is no cooperation, delays are
unavoidable.
Delays must be taken
into account
It is understandable that the requirement of daily time spent outdoors presents
an organisational challenge in a large facility and that there can be delays.
However, the time spent leading inmates to the outdoor area and bringing
them back cannot be included in calculating time spent outdoors. The NPM
emphasises that it is not sufficient to merely schedule a minimum time
spend outdoors. Rather, it must be ensured that inmates actually spend the
required minimum period of time outdoors in practice. In addition, the NPM
recommends that alternative opportunities to exercise be offered when there
is bad weather.
XX
The required minimum daily period of outdoor exercise must be provided. This must
be a net period available to inmates. The time spent leading inmates to and from the
outdoor area may not be included in calculating time spent outdoors.
XX
If daily time spent outdoors is cancelled due to bad weather, alternative opportunities
for exercise should be offered (e.g. in a gymnasium).
136
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