Overview of the National Preventive Mechanism
A two-day strategic communication meeting, which is regularly held in
October between the Ombudsman, all of the commission members and AOB
staff entrusted with OPCAT duties, was planned to be held in summer 2020
but could not take place due to the pandemic.
As the following chapters will show, the NPM was not inactive even during
the first lockdown when small visits took place. The NPM found alternative
creative ways of preparing for the coming challenges, maintaining contact
with institutions, decision-makers and civil society, and of exchanging ideas
with stakeholders per video conferencing among others. The NPM also was
and still is in contact with representatives from SPT, CPT, APT and NPMs from
other countries to reflect on its own way of working and to win impulses for
new initiatives on the basis of this experience.
Continues contact
with institutions and
authorities
The legislation enforced for the protection of the people infringed many rights
that are guaranteed under constitutional law. Persons of all ages were equally
affected, but the intensity and the consequences of the restrictions vary greatly
due to inequality in economic, family and health resources. What has become
evident is the realisation that in the pandemic all areas of life are dependent on
a functioning public health system. The NPM had to be flexible when it came
to making priorities. In particular, in “less traditional places of detention”, the
planned focus areas were redefined.
It was possible, however, to emphasise the significance of preventive human
rights protection during the first lockdown in spring 2020. The NPM was
successful in countering the general, in some cases disproportionate, restrictions
of fundamental and human rights by raising them for discussion, and both the
State and private decision-makers were obliged to justify their actions during
the health crisis. Based on the experience made by the commissions on their
visits, the NPM strongly demanded both more legal security and increased
efforts for the protection of particularly vulnerable persons, especially in
nursing homes and institutions for persons with disabilities. The NPM also
emphasised in the print media, TV and radio interviews that containing a
pandemic calls for consequent government action for protecting human life.
According to the data platform “Our World in Data”, Austria temporarily
recorded the highest number of new infections and registered COVID-19
deaths per inhabitant on average per week in the world in mid-November
2020. Both Statistics Austria and the European mortality monitoring body,
Euromomo, have been assuming a very high or high excess mortality rate
since the beginning of November 2020. Whilst the pandemic caused a total
of 706 laboratory-confirmed COVID-19 deaths from 25 February to 22 June
2020, 2,540 persons alone died of or with COVID-19 in Austria in calendar
week 49, totalling 6,312 persons by the end of the year. Around half of these
persons had been residents of care facilities.
14