Overview of the National Preventive Mechanism
due to the low budget, which impaired the work of the SPT, in particular the
visits to the countries. The Chairperson emphasised the importance of the
OPCAT special fund.
After the reports from the heads of the SPT regional teams, the revision of
the OPCAT convention was announced. In this context, a comprehensive
new definition of the term “places of detention” is planned, as the COVID-19
pandemic highlighted the changeability of this term. In conclusion, it was
emphasised that the OPCAT states bear a special responsibility in dealing with
COVID-19 and that NPMs should not only be regarded as opponents of the
legislators but as their allies.
Pandemic calls for new
definition of the term
„places of detention“
With COVID-19, it became clear that the protection of the rights of persons
with disabilities required special attention during the pandemic. The United
Nations, the EU and the Council of Europe agreed that in the context of the
pandemic persons with disabilities are particularly at risk of living a life
in poverty and are confronted with neglect, abuse and violence far more
frequently than others. They are thus some of the persons worst affected by
the COVID-19 crisis. A report by the UN Special Rapporteur on the rights of
persons with disabilities shows how serious the situation is for persons with
disabilities in institutional care, in prisons and psychiatric institutions.
COVID-19 and the
rights of persons with
disabilities
As it is difficult to say how long the pandemic will dictate how we live our daily
lives, it is of paramount importance that the NPMs adapt their preventive
monitoring work to the new conditions and develop mechanisms to guarantee
the protection of the rights of persons with disabilities. In light of this, the
European Network of NHRIs (ENNHRI) organised a webinar together with the
NPM from Georgia at which European NPMs were able to share their ideas
and experience with experts from the United Nations, the Council of Europe
and the EU. The Austrian NPM also took part.
As a member of the South-East Europe NPM Network (SEE NPM Network),
experts from the Austrian NPM took part in the SEE NPM Network meetings
again in 2020. The Croatian NPM, in their function as chair, organised two
virtual meetings in 2020, which addressed the ways of effectively preventing
and detecting torture and other cruel treatment in the first few hours of police
custody.
SEE NPM Network holds
virtual meetings
A total of twelve NPMs shared their experience of preparing and carrying
out visits to police institutions and prisons. The basis for this was a survey
by the Vienna Ludwig Boltzmann Institute for Human Rights with reference
to instructing detainees about the reason for their arrest, informing relatives
about the arrest and having access to legal aid and medical care.
First hours in police
custody
Solutions were developed to problems that arise when investigating alleged
misbehaviour on the part of the police such as when there are only insufficient
official records or none at all. It was agreed that visits should continue to
Unannounced visits
and confidential talks
essential
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