supervisory capacity in the narrower sense. Therefore, they could not
respond to the specific questions raised.
The NPM does not accept this view. Under the Penitentiary System Act,
mentally ill offenders must be housed in institutions or field offices
specifically intended for this purpose. Alternatively, they can be
assigned to a public psychiatric facility.
Assignment does not
change attribution
Under Section 158 of the Penitentiary System Act, this must be a
suitable facility. In this case, it is not merely a matter of correcting a
dangerous situation discovered by the commission. Rather, whether
the facility is (still) generally suitable and the contract with the prison
system can be fulfilled has been called into question.
In the matter at hand, agreement was reached in the course of a
contact meeting with the Federal Ministry of Justice that infrastructurerelated matters at public psychiatric facilities are the responsibility of
the Federal Ministry of Justice.
2.5.5
Responsibility finally
accepted
If the Federal Ministry of Justice assigns a person in detention to a public psychiatric facility,
the deficits in said infrastructure are attributable to the Ministry.
If the Federal Ministry of Justice cannot ensure that these deficits are remedied, the inmate
must be housed in a facility run by the Federal Ministry of Justice itself.
Fixtures and fittings in the patients’ rooms – forensic psychiatry
station of the Sigmund Freud Regional Neurological and Psychiatric
Hospital
In late autumn 2013, the commission visited the forensic psychiatry
station of the Sigmund Freud Regional Neurological and Psychiatric
Hospital. The commission’s final human rights assessment contains
very encouraging remarks:
The therapeutic work and care were regarded as “highly
professional”. There has been no violence in recent years. As far as
the commission could ascertain, the experienced interdisciplinary
team performs “outstanding work”. The employees treat each other
well and with respect and are friendly with the patients. There is a
relaxed atmosphere. The medical documentation and the
maintenance of the documentation are described as “exemplary”.
Release management is rated “very good and comprehensive”.
Treatment and care
exemplary
The fact that patients will still be housed in two six-bed rooms until the
station is expanded is problematic from a human rights perspective.
The team regrets this situation. All sides agree that improving the
situation as quickly as possible is desirable. As a first step, partitions
were set up between the beds to protect the privacy of the patients.
Need for more space
106
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