Country

Austria

Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Conduct for Detention (Anhalteordnung)Conditions for solitary confinement (Einzelhaft) foreseen, in case an inmate turned violent against another inmate, if the courts ask for it, or if she/he holds risks of infection. Furthermore, solitary confinement is possible if it seems commanded because of the crime or if this is in the interest of other inmates.
Penal Code (Strafvollzugsgesetz)One of the security measures for prisoners with flight risk, risk of violence or self harm or other relevant danger for security and order. A prisoner who either works during the day or is kept in his/her spare time in common areas for two hours might be taken into solitary confinement for the rest of the day. A person held in solitary confinement, who does not receive visitors, has to be visited by a prison officer at least once a day. A prisoner may only be kept in solitary confinement for longer than four weeks if this was ordered by the court. In case the court orders solitary confinement, it has to speak out on the duration of it. A prisoner may only be kept in solitary confinement for longer than six months if he/she asks for it and the prison doctor agrees.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016Potentially suicidal inmates may not be housed in a single cell. Video Monitoring does not rule out suicide by the persons at risk during an unobserved moment. Report details
2017In all police arrest centres (PAZ) there has to be a sufficient number of cells which are suitable for implementing solitary confinement according to § 5 and 5b (2) Z4 AnhO. All cells have to have an alarm button. Solitary cells according to § 5 AnhO have to have a sink, hot and cold water, a toilet, a bed as well as a table and possibilities to sit. Reasons, start, progress and end of solitary confinement as well as consultation of a doctor upon accommodation in a specially secured cell have to be documented. The technical surveillance of specially secured inmate cells should be carried out using video surveillance that is independent of any light source and protects the prisoner’s privacy. Padded or rubberised inmate cells should be subject to constant personal surveillance, tiled security cells should be subject to surveillance at least every 15 minutes, and other single cells should be subject to at least hourly surveillance. The reason, commencement and end of detention in a single cell and the attendance of a doctor during detention in a specially secured cell must be documented. Report details
2018Correctional institutions: If a person is placed in a specially secured cell in the event of acute danger to themselves or to others, the dangerous situation must be described exactly and the time of the first medical check be noted. Police detention centres: The first medical examination by the public medical officer of detainees in specially secured cells should take place immediately or as quickly as possible, and every other examination within twelve hours in any case. Padded or rubberised inmate cells must be subject to constant personal surveillance, tiled security cells must be subject to surveillance at least every 15 minutes, and other single cells should be subject to at least hourly surveillance. The technical surveillance of all cells used for securing purposes should be carried out using low light video surveillance and observing the personal space of the detainees. The reason, commencement, course and end of solitary confinement as well as the consultation of a doctor when placing a person in a specially secured cell must be documented. Report details
2019Police detention centres: The technical surveillance of all cells used for securing purposes should be carried out using video surveillance that is independent of any light source and observing the personal space of the detainees. There must be a sufficient number of cells available in all police detention centres, which are suitable for solitary confinement pursuant to Section 5 and/or Section 5b (2) (4) of the Detention Regulation (Anhalteordnung). Specially secured cells should have natural daylight, and there must be natural or mechanical ventilation in all single cells. All single cells must have an alarm button, the activation of which has to be acknowledged at the cell. Single cells pursuant to Section 5 of the Detention Regulation must be fitted with a sink, supply of cold and hot water, a sit-down toilet, a bed and a table with seating. Tiled security cells shall have a (squat) toilet. Report details