The Federal Ministry of Justice stated that in Garsten a structural remodelling of the multiple inmate cells, in which the toilet area is separated from the main area of the cell only by way of a curtain is not possible in the short term, primarily for budgetary reasons. Austrian regulations, namely the "Strafvollzugs-Gesetz 2009" (Penal Code) stipulate that prison inmates are to be accommodated in rooms that are simply and functionally furnished. The previously mentioned separation of toilet facilities clearly offers neither visual nor acoustic protection for inmates. In the opinion of the AOB, prisoners using these toilet facilities are unacceptably deprived of any possibility of retreat and suffer an invasion of their privacy. It is in this spirit that the AOB came to the conclusion that the accommodation previously described constituted a case of maladministration. Even if the AOB by no means wished to imply that prisoners were subjected to demeaning treatment, case law of the European Court of Human Rights should be referred to, which is based on minimum standards for prison conditions. This result of the AOB investigative proceeding is also in line with German court rulings on similar cases. Invasion of The federal legislators responded to the criticism of the AOB and amended the respective federal law, which now stipulates that “Detention facilities have to have separate toilet facilities. Detention facilities, where more than one prisoner is to be accommodated, must have structurally separated toilet facilities.” The AOB will continue to monitor the application of this new legal obligation. Regarding the Garsten prison, the Federal Ministry stated that it was the longterm goal to equip all multiple inmate cells with a properly separated toilet area and promised that renovation would begin in 2010. Legislator responds prisoner's privacy to criticism of AOB 39