Country

Austria

Detention issue

Sanitary conditions

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Conduct for Detention (Anhalteordnung)Sanitary facilities have to be designed in such a way, that also prisoners in common rooms have to be able to use them in a humane way.
Penal Code (Strafvollzugsgesetz)Sanitary facilities have to be equipped hygienically, and designed in such a way, that prisoners can at any time use them in a decent way. Cells have to be equipped with separate toilets. Each prisoner has to receive as much warm water daily so that he/she can clean himself/herself properly. As often as needed, but at least twice a week, he/she has to be given access to warm shower or bathing.
Code of Conduct for Detention (Anhalteordnung)Prisoners have to take a warm shower once a week. To keep the body clean each prisoner is entitled to warm water each day to clean his/her body.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2015When the holding cells at the Innsbruck correctional institution are occupied by more than one person, the lack of a partition around the toilets violates the requirement to protect human dignity. The NPM advocates that a privacy screen and an odour barrier separate the sanitary facilities from the rest of the cell in all holding cells at the Innsbruck correctional institution. Report details
2017Sanitary facilities have to be installed hygienically and set up in a way, that inmates might at any time follow their needs of nature in a humane way. The access to hygienic sanitary facilities shall be guaranteed for arrested persons. Protection of the personal sphere has to be secured through organizational or structural measures. Toilets in cells for more than one person have to be completely separated. Mattresses and textiles provided to the arrested person have to be clean. Arrested persons shall at least be able to shower twice a week, under special circumstances each day. The arrested persons have to be informed about the possibilities to shower. All arrested persons have to have access to toiletries. Women have to be provided with toiletries during menstruation. All cells, waiting cells too, have to have separate sanitary facilities if used by more than one person, as well as sufficient light to read and also daylight. Report details
2017Correctional institutions: Inmate cells (including single cells) must have toilet facilities that are separated from the rest of the inmate cell. Inmate cells that house more than one person must have structurally partitioned toilet facilities. Sanitary facilities must be hygienic and designed so that prison inmates can take care of their bodily needs at any time with a modicum of decency. Police detention centres: Single cells under Section 5 of the Detention Regulation must be equipped with a sink, a supply of hot and cold water, a sit-down toilet, a bed, and a table with seating. Tiled security cells must have a (squat) toilet with flushing function, a heatable reclining surface or mattress and firmly mounted furniture (bed, table, seating). It must be ensured that detainees have access to hygienic sanitary facilities. Privacy must be ensured through structural or organisational measures. Toilets in cells for multiple inmates must be designed so that they are completely separate from the rest of the inmate cell. The mattresses and textiles issued to detainees must be clean. Detainees should be able to shower at least twice per week – and to shower daily under special circumstances. Detainees must be informed of their opportunity to shower. All detainees must be given access to hygiene articles. Women must be provided with the necessary hygiene articles during menstruation. Report details
2018Tiled security cells must have a (squat) toilet. Detainees’ access to hygienic sanitary facilities as well as the protection of their personal space must be guaranteed through structural and/or organisational measures. Toilets in cells for multiple inmates must be located separately from the rest of the cell. The mattresses and textiles handed out to detainees must be clean. Detainees should be informed about the possibility to take showers and they should be able to shower at least twice a week, in certain conditions daily. All detainees must be given access to toiletries. Women must be provided with the necessary toiletries during menstruation. Report details
2019Toilets shall be completely separated from the remainder of the cell in cells for multiple inmates in order to comply with hygiene standards and safeguard human dignity. Access to hygienic sanitary facilities for the detainees in police detention centres as well as the protection of their personal space must at all times be guaranteed through structural and/or organisational measures. Toilets in cells for multiple inmates in police detention centres must be completely separated from the rest of the cell. The mattresses and textiles handed out to detainees must be clean. Report details