Austria - Solitary confinement

Country

AustriaAustria

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
2016 Potentially 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