Correctional institutions putting other persons at risk but also to have the opportunity to get physical exercise. The express request by the NPM that an inmate in an arrival cell can use an ergometer in the entrance area was fulfilled. In addition to the living conditions of the persons in isolation, the NPM also examined whether sufficient prevention measures were taken to protect employees from infection. The directives from the general directorate contained a rule that persons with contact to those allocated to the arrival cells had to wear PPE including an FFP2 mask. In some correctional institutions, the PPE was limited to wearing gloves which were otherwise used in the shift operation. Preventive measures 2.5.2.2 Obligation to wear a mask Inmates are only allowed to join the day-to-day routine in correctional institutions after admission or transfer once it has been clarified that they are not infected. As not only the inmates but also a large number of persons employed in the correctional institution have contact to the outside world, wearing a tight mask is obligatory. An employee who is not a law enforcement officer contacted the NPM. He has to wear a mask even though he works alone in his office. Needless to say, he is prepared to wear the mask when he has contact with other employees or detainees but fails to fully understand the sense of the directive when he is sitting alone in his office. The Federal Ministry of Justice defended the internal instruction according to which there is an obligation to wear masks at work at all times. The measure is designed to protect all detainees, for whose health the State is responsible, and all employees who have to be protected from infection under the duty of care. The directive to wear a protective mask is not considered to be disproportionate but is required to counter the spread of the virus. The NPM does not question the necessity of measures that prevent carrying the COVID-19 virus into correctional institutions. Wearing a mask is considered sensible as a matter of principle. However, the obligation can be dropped if contagion can be ruled out. This is the case if an employee performs their work alone in a room. Excessive directives cause a violation of fundamental rights pursuant to Article 8 of the ECHR. That the directive to wear a mask indirectly, directly and disadvantageously violates the legal sphere has been clarified by the Constitutional Court of Austria in G 271/2020, V 463-467/2020 = NLMR 20202/5, 409 et seq. The NPM welcomed an announcement by the Federal Ministry of Justice on 3 September 2020 in connection with the obligation to wear a mask, in which the officers are informed that regarding their appearance the claim of an “appropriate dignified and, in the sense of Section 43 of the Austrian Civil Appearance 104

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