Police detention centres
resolved by the working group. The Ministry made table visits conditional on
the availability of staff and space in the police detention centres although the
working group agreed table visits as the preferred form.
The NPM vehemently criticised the approach used by the Federal Ministry
of the Interior and, based on the opportunity to receive table visits granted
in some police detention centres, recommended ensuring the nationwide
realisation of table visits in accordance with the working group standards as
soon as possible.
Subsequently, the Ministry questioned the standard for table visits defined by
its own representatives as well as the NPM. The working group had not fully
considered the serious practical consequences of this measure in detention. The
Ministry literally communicated the following to the AOB: “Notwithstanding
if the Ombudsman should continue to have reservations about the potential
unequal treatment of detainees and therefore uphold their recommendation
to make arrangements as soon as possible that ensure the standardised and
full implementation of table visits nationwide, this can only be achieved if
the occasional facilitation of table visits is generally forbidden in all police
detention centres.”
The NPM considered this form of communication and treatment of the jointly
defined standards as very negative, as it gave the impression of an ultimatum
and is contrary to the intention of the OPCAT to improve detention and
working conditions. Furthermore, the security concerns voiced by the Federal
Ministry of the Interior failed to invalidate the criticism of the NPM. In this
context, the opinion of the Ministry was also critical for the NPM because the
deprivation of liberty is never voluntary, and detainees are to be excluded
from the principle of trust for their good conduct and compliance with the law
even though they are supposed to display good conduct in detention.
Attitude of the Ministry
is critical
Because of this difficult situation, representatives of the NPM held personal
meetings with Federal Minister of the Interior. The result of these talks was the
assurance of the implementation of table visits in accordance with the working
group standards in Vienna police detention centres during the course of 2021.
However, in the subsequent written documentation, the Federal Ministry of
the Interior referred to the reservations about table visits on the part of the
medical staff, the personnel and the works council. It was recommended to
discuss the further approach in meetings with the NPM, which was still open
at the time of editing this report.
Recent arrangement to
implement table visits
As depicted in the NPM Report 2019, the visitor lists for 2017 to 2019 viewed
on the monitoring visit to Innsbruck police detention centre in September 2019
did not contain any entries for visits on a Saturday or Sunday (see NPM Report
2019, p. 154). This gave grounds to doubt the notification from the Federal
Ministry of the Interior that it is common practice to allow the detainees to
receive visits at the weekend. In the course of the subsequent examination,
Visits at weekends
in Innsbruck police
detention centre
140
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