regular meetings since March 2014. The personal exchange with the
Federal Ministry of the Interior proved useful, in particular with respect
to topics that lacked a satisfactory resolution despite intensive
correspondence with the Ministry.
In 2014, the working group established standards for detention in
single cells, including specially secured inmate cells. Great importance
was attached to the agreement by the working group that the general
standard for detention pending forced return should be open
detention. Accordingly, persons being detained pending forced return
may only be held in closed detention if very precise exclusion criteria
are met. In a decree dated 7 May 2015, the Federal Ministry of the
Interior ensured nationwide implementation of the new standards.
This took into account the CPT’s criticism of detention pending forced
return expressed during its visit to Austria in autumn 2014.
The lack of occupational training for law enforcement officers working
in police detention centres has been a long-standing deficiency. Based
on discussions within the working group, the Federal Ministry of the
Interior has decided to implement a basic training course, which all
law enforcement officers deployed to police detention centres must
complete in the future. Women-specific content will be included in
training and continuing education modules.
In light of this proven modus operandi and the results already
achieved, the Federal Ministry of the Interior agreed to continue the
working group in 2015 – and thereafter, if necessary.
The NPM repeatedly criticised the restrictions on visiting opportunities
at police detention centres. During its last visit to Austria in autumn
2014, the CPT also criticised the fact that persons being detained
pending forced return are not permitted visits “under open conditions”.
In this regard, the NPM advocated that the Federal Ministry of the
Interior should remove the glass partitions from the visiting zone and
enable more “table visits” in the future, which are now only permitted
in exceptional circumstances. The Federal Ministry of the Interior
initially rejected this, citing security concerns. A further proposal by the
NPM called for a general extension of visiting hours in police detention
centres. In the reporting year, the working group achieved
encouraging results with respect to both matters.
In general, a distinction is made between table visits and so-called
security visits. In the future, table visits will be permitted for persons in
open detention pending forced return and for hunger-striking persons
being detained pending forced return who were only moved to a
closed station to enable special care. Likewise, prisoners serving an
administrative penalty and prisoners in administrative custody, i.e.
persons detained provisionally and not under the Austrian Code of
Criminal Procedure, can have table visits. Table visits can take place in
berths with side walls (without partitions) or at free-standing tables to
enable undisturbed conversations between detainees and visitors.
Physical contact in the form of non-sexual touching is permitted (e.g.
handshake, kiss on the cheek, embrace).
More table visits
permitted soon
122
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