Police detention centres
existence of exclusion criteria and searching of the persons to be visited as well
as all prisoners before and after a table visit would have to be documented.
Even more personnel is required to this end.
The Federal Ministry of the Interior stated that the working group did not
discuss the amount of funds necessary for these measures, which is not
currently covered by the budget. This is why the regular enabling of table visits
is currently not possible.
According to the Ministry
there is no money
For the NPM, it is highly critical that the Federal Ministry of the Interior is
now withdrawing on the basis of budgetary aspects allegedly not discussed by
the working group. All of the participants in the working group – naturally
including those from the Ministry – were aware that the unanimously defined
standards can only be realised if the relevant funds are available. The topic
was discussed, but inclusion in the standards was rejected, as the budget would
have to be available in order to fulfil the standards.
Working group certainly
did discuss budgetary
aspects
With regard to the occupational opportunities, the minutes of the working
group approved by all participants on 23 February 2016 contain the following
passage: “It is recommended to include a passage in the standards which
considers the guarantee in the current budget that functional devices and
objects for leisure activities should always be available. If the standards exist
and they should be fulfilled, it is of course necessary that a budget is planned
for the same. Anchoring this in the standards is thus not necessary”. The NPM
therefore assumed and relied on the fact that funds would be available for the
jointly defined standards.
The NPM cannot understand the security concerns either. These are based on
an objectively unverifiable general suspicion of all persons in police detention.
The Federal Ministry of the Interior did not consider that the working group
agreed criteria for precluding table visits, for example the suspected abuse of
prescription medication or when there are specific security concerns.
Subjective general
suspicion at the
expense of all detainees
In addition, it was also not taken into account that several visits were to police
detention centres in which there is no enforcement pending forced return. The
safety arguments that predominantly referred to detention pending forced
return did not apply in these centres. The Federal Ministry of the Interior
completely ignored the detention-centre-specific arguments. The NPM is
not satisfied with this and will continue to follow-up on this topic. During a
meeting with the NPM from Germany and Switzerland in Zurich in autumn
2019, it was learned that open visits in detention pending forced return are
considered normal in both of these countries. This is further motivation for
open visits in police detention.
After a visit to Innsbruck police detention centre in March 2018, the NPM
confronted the Federal Ministry of the Interior with the fact that it is not
possible for prisoners to have visits on Saturdays or Sundays. The Federal
Visit to Innsbruck police
detention centre at
weekends
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