personnel at the beginning of the night shift, there was no guarantee
that guards would be present at all times and that the inmate’s
conduct could (still) be monitored.
The institution’s physician is familiar with the eating disorder. To deal
with this disease, the inmate is accompanied when he makes
purchases in the correctional institution and instructed to eat healthy
food. The plan of the institution’s physician to move the inmate to the
Wilhelmshöhe satellite facility could not yet be implemented since the
therapeutic/dietetic intervention should not be interrupted by a trial
residence in light of the inmate’s possible conditional release.
Therefore, the correctional institution’s psychiatrist changed the
inmate’s mood-stabilising medication to an appetite-suppressant for
the time being.
NPM arranges for a
consultation with the
physician
Even though a suitable after-care facility was found for the inmate, the
NPM can only assume that solutions to prevent the aforementioned
restrictions of freedom were not considered until the prison
administration was confronted with the facts. Therefore, the principle
of proportionality was violated.
The principle of
proportionality has been
violated
Additional lock-up time is not a proper means of protecting an inmate suffering from an
eating disorder.
2.5.2.2.
Living conditions
Overcrowding of correctional institutions – double occupancy of single cells
in the Wiener Neustadt, Klagenfurt and Vienna-Simmering correctional institutions
From a physical perspective overcrowding of correctional institutions
can be inhumane or degrading per se. If it is necessary to care for
more detainees than originally planned, there is an adverse effect on
all of the services and activities in a correctional institution. The entire
quality of life in the facility may deteriorate to a significant extent.
Adequate occupancy of inmate cells is an important factor of the
prison climate for the detainees themselves and in their interactions
with prison guards.
Deterioration of the
quality of life due to lack
of space
The occupancy figures for the correctional institutions are worrisome.
During its visits to the Wiener Neustadt, Klagenfurt and ViennaSimmering correctional institutions the NPM observed that the
occupancy of inmate cells exceeded the intended capacity.
According to the Federal Ministry of Justice, the utilisation rate for
Austrian correctional institutions (97%) temporarily experienced a
sharp increase in the reporting year. The correctional institutions in the
eastern part of Austria and in Upper Austria, in particular, reported
utilisation rates far exceeding 100%. In September 2015, for example,
the Eisenstadt correctional institution was at 180.77% of capacity. The
Vienna-Josefstadt correctional institution was at 114.65% of capacity
and the Wiener Neustadt correctional institution was at 111.85% of
capacity. This is not least of all attributable to increased criminal
Utilisation rate of up to
180.77%
104
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