Correctional institutions
intrusion should be (better) trained and not merely demonstrated once during
the training programme.
Therefore, the NPM attempted to accommodate this suggestion, particularly
since a session in the training course (for colleagues) increases the confidence
of the intervening bodies and thus contributes to gentle actions that conform
to human rights.
Practical training
sessions before
deployment
Regarding this matter, the general directorate stated that in the modules
“Deployment training” and “Executive powers and safety” the theoretical
basics of searching persons and their belongings are taught and then exercised
in practice. The correct way of dealing with detainees is also learnt in “Prison
actions training”. Searching cells is explained in the “Penal system law” and
“Executive powers and safety” modules and practised in the second practical
phase of basic training in the correctional institutions. The general directorate
claimed that it is not the case that measures involving intrusion are not
sufficiently covered in basic training. Expanding the training in this area is
thus not planned.
X
Body and cell searches are sensitive intrusions into the fundamental right to
privacy. If the intrusion is not to be a violation of the fundamental right, it has to be
proportionate.
X
As part of the State’s monopoly on the use of force, body searches are particularly
intrusive. It is all the more important to not only train new hires in theory on how these
searches shall be conducted.
2.5.4
Body searches with disrobement
Although this has been repeatedly objected to (see NPM Report 2017, pp. 128
et seq., NPM Report 2018, pp. 134 et seq., most recently in detail in NPM
Report 2019, pp. 107 et seq.), inmates still have to remove all of their clothes
during body searches in Vienna-Josefstadt correctional institution.
Vienna-Josefstadt
correctional institution
Several inmates in Vienna-Simmering correctional institution told the
delegation that body searches with full disrobement are conducted on arrival
in the admission department and during the cell inspections, and not in two
steps.
Vienna-Simmering
correctional institution
In its statement of opinion, the Federal Ministry of Justice explains that with
reference to the teaching aid on body searches, “Durchsuchung von Personen”,
a two-phase search is conducted if there are no specific safety-relevant
concerns. The search is not conducted immediately with full disrobement but
is limited to the clothed body at the beginning. Disrobement and inspection
of the genitals come only in a second step. The necessary full disrobement is
Ministry does not
deviate from this
practice
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