Correctional institutions 2.5.9.3 Too little individual living space - Dornbirn satellite facility of Feldkirch correctional institution In the year under review, the NPM again observed that some inmates have too little individual living space available to them in their inmate cells. The situation is exacerbated by overcrowding. Last year, the conditions at Suben and Feldkirch correctional institutions were used as an example (see NPM Report 2016, p. 119). In the past year, the NPM recommended that some two-person inmate cells at Dornbirn satellite facility of Feldkirch correctional institution only be occupied by one person. The case law of the European Court of Human Rights does not establish a minimum size for an inmate cell, since this depends on various factors, e.g. the duration of detention, the opportunities for outdoor exercise and the constitution of the affected person. However, the court refers to the standards set by the CPT, which include minimum inmate cell sizes (e.g. CPT standards: Living space per prisoner in prison establishments; CPT/Inf [2015] 44). Small inmate cells and confined spaces place enormous psychological stress on inmates. In principle, the usual level of suffering that is inherent in a prison sentence should not be exceeded. Conditions of imprisonment reach a degrading level when they cause feelings of anxiety, trepidation and inferiority in the affected persons. Negative factors For example, the windows in the inmate cells at Feldkirch satellite facility are so high up that only the rising mountain slopes and the sky are visible. In confined spaces, this factor can lead to a strong feeling of trepidation and intensify the conditions of imprisonment. If overcrowding is added to these negative conditions, the prison climate is worsened exponentially. If there are more inmates than planned, there is an adverse impact on all services and activities at the correctional institution due to this additional burden. The quality of life for inmates and the working conditions of employees at the facility can significantly deteriorate. Irritability and dissatisfaction are the breeding ground for verbal and physical assault. Overcrowding as an additional stress factor Overcrowding can lead to a violation of Article 3 ECHR. Therefore, adequate preventive measures must be taken. XX  Inmate cells must be situated and furnished in such a way that prisoners are housed humanely and health hazards are avoided. XX  Therefore, it must be ensured that inmates have adequate individual living space in their cells. 137

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