Correctional institutions The documentation should thus not only provide information on the specific risk but also on the use of less severe measures without which the existence of the statutory requirements cannot be verified. X If the documentation of measures that restrict freedom is only cursory, it is not possible to say if the use of less severe measures would have sufficed in the individual case. 2.5.9.4 Missing documents for the treatment of mentally ill offenders Federal Ministry of Justice On a monitoring visit to Graz II Regional Hospital Chief Physician Department II (formerly Forensic Psychiatry, second ward PS2F2), the doctors on duty complained that advisory opinions issued for the main hearing are only made available to the hospital after files have been requested from the time when the verdict comes into legal force. Until then, the public hospital does not know what the patient has been accused of or is left to deduce the suspected criminal activity from what is printed in the media. Sometimes the hospitals are lucky and the defence lawyer provides copies of the psychiatric assessment. „Left in the dark“ After admission, the subsequent assessments are also not available in the Forensics II Department. In this context, the visit report quotes literally: “The communication with the judiciary is so poor that in some cases there is no notification even of conditional releases and sometimes patients suddenly said that they have been released. A member of staff is therefore always sent to the court hearings.” The NPM regrets that the communication structures are (apparently) completely inadequate. It must be stated from a human rights perspective that the delayed application of therapies fails to meet the intensification requirement. Human rights relevance From a legal point of view, there should be no difference whether the judicial referral pursuant to Section 429 (4) of the Austrian Code of Criminal Procedure (Strafprozessordnung) is to – remaining in the diction of said procedure – “a special facility for mentally ill offenders” or to a “public hospital for the mentally ill persons”. Since the delegation of prison duties, as the commission correctly emphasised, does not constitute administrative assistance, the reference to Section 76 of the Austrian Code of Criminal Procedure is of little meaning. Provisions shall be interpreted in conformity with the Constitution in such a way that avoidable restrictions of personal freedom are prevented. Failure to provide the hospital with all of the information can result in therapies being initiated only later. In case of doubt, a higher level of risk to others and thus Undue infringement of fundamental rights 130