detention pending forced return. According to this, since the beginning
of 2014 there are three categories of police detention centres. In
Category 1 police detention centres, there is no longer any detention
pending forced return. In Category 2 police detention centres,
detention pending forced return is only permitted for up to seven days.
This includes the Eisenstadt, Klagenfurt, Linz, Graz, Innsbruck and
Bludenz police detention centres. Category 3 police detention centres
are devoted to longer term detention pending forced return (more
than seven days). These include the Vienna and Salzburg police
detention centres and the new Vordernberg detention centre. The
latter is used solely for detention pending forced return (see also
pp. 125 et seq. of this report). The former Leoben and Schwechat
police detention centres are currently only being used as places for
short-term detention. By reducing the number of places for detention
pending forced return, the Federal Ministry of the Interior hopes to
bring about a general improvement in the conditions of detention.
The working group examined single detention in detail, to the extent
that this special security measure is ordered. The working group
established uniform standards for detention in single cells. This
includes all specially secured inmate cells under the Code of Conduct
for Detention, i.e. tiled security cells, padded or rubberised security
cells and other single cells. In the future, every police detention centre
will have all three types of single cells in addition to communal cells.
Persons may be confined in these cells (instead of normal detention in
communal cells) only in exceptional cases and for as short a time a
possible, taking the principle of proportionality into consideration.
Standards for single
cells
The working group formulated specific standards for these single cells
based on the following criteria: use, lighting, ventilation, calling
capability, furnishings, technical and in-person monitoring of the cells
and documentation. The Federal Ministry of the Interior dispelled the
NPM’s concerns with respect to the video monitoring of toilet areas in
security cells (see NPM Report 2013, p. 82) by stating that images from
these cell areas had been rendered unrecognisable by technical or
mechanical means. Thus both the interest in maintaining security and
the inmate’s interest in protecting his or her privacy are adequately
taken into account. Over the long term, the video monitoring of
security cells in all police detention centres will be done independently
of any light source by means of infra-red cameras with indistinct
(pixelated) transmission of the toilets areas.
In the opinion of the NPM, there was a breakthrough with respect to
the practice of detention pending forced return. The working group
agreed that the general standard for detention pending forced return
should be open detention. Under this system – after undergoing a
medical examination and any necessary interrogation by the relevant
authorities – persons being detained pending forced return shall be
placed in open detention no later than 48 hours after admission to a
119
Open detention pending
forced return
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