National Preventive Mechanism
prison administration’s MED Module (Medical Data) in the future and this
will automatically trigger a report to the medical superintendent. Until the
aforementioned expansion of the integrated prison administration’s MED
Module is implemented, the Office of the Medical Superintendent will control
the entries in MED Module on a monthly basis.
In the specific case, the question for the NPM is how it was possible for
the prison guards to (allegedly) notice the massive hygienic neglect of the
inmate’s legs only at such a late date. Despite the required periodic visits,
the fact that a person in detention was refusing to have his legs cared for
remained unnoticed for months. Due to this failure, the health of the person
in detention was jeopardised and impaired.
Responsibility in the
specific case
The Federal Ministry of Justice stresses that the inmate deliberately brought
about his own condition, intentionally concealed it, and refused the care
that was offered to him so that it was not possible to provide physiological
and psychotherapeutic treatment due to a lack of cooperation on the part of
the inmate.
The Public Prosecutor’s Office in Vienna is currently conducting investigations
of the staff of the Stein correctional institution for the offence of torturing or
neglecting a prisoner under Section 312 (2) of the Penal Code. Disciplinary
proceedings are also underway.
Ongoing investigation
The NPM points out that one task of a correctional institution is to ensure
that a minimum standard of physical hygiene is maintained. The Council
of Europe also recommends in Item 47.2 of the new version of the Standard
Minimum Rules for the Treatment of Prisoners (REC [2006]2) that “the
medical service of the penal institution shall provide for the psychiatric
treatment of all other prisoners who are in need of such treatment”.
NPM requirements
catalogue
The NPM demands that the care and nursing of inmates, who need more
care due to their age or their mental condition, is guaranteed in Austrian
correctional institutions to the same extent as for patients in hospitals and
nursing facilities.
Apart from the caseload which is reflected in an increased need for personal
attention by judicial officers and caregivers it should be asked in each
individual case whether it is appropriate to place such persons in solitary
detention when the frequent consequence of this is a lack of socialisation
with other inmates.
The NPM points out the great importance that regular outdoor exercise has
for maintaining and promoting the physical and mental health of inmates.
Inmates who have a special need for care due to advanced age or physical
or mental illness must be enabled to spend time outdoors. If necessary, they
should even be required to exercise outdoors.
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