Austria - Protection against violence

Country

AustriaAustria

Detention issue

Protection against violence

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Conduct for Detention (Anhalteordnung) Supervisory authorities have to protect prisoners from unlawful interferences with their rights and have to treat them in a way, that there dignity is safeguarded and protection of the person (Schonung der Person). They have to protect prisoners from injuries and health damages, if they are not able to do it themselves due to certain circumstances. A prisoner has to be held in solitary confinement if it is to be assumed, that hat he/she will inflict violence on other inmates. Solitary confinement is allowed if it is to be assumed that the prisoner might endanger his/her health or life through violence. Special security measures for persons who pose a risk of violence for other persons or items.
Penal Code (Strafvollzugsgesetz) It shall be monitored, that prisoners act like it is foreseen by this law. Provisions have to be taken, that no criminal acts are committed by prisoners or regarding prisoners. Measures for real time monitoring (Echtzeitüberwachung) have to be installed to prevent criminal acts by and regarding prisoners. This also applies regarding severe and seriours endangerment of life or health of inmates. Officers may only use immediate force in certain circumstances, such as self-defence, to hinder flight of a detainee, etc. Violence has always to be kept at the necessary degree and only after prior announcement (unless the reasons for using violence would be endangered).

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2015 The NPM advocates that the cells of juvenile detainees remain open longer on the weekends in the Innsbruck and Graz-Jakomini correctional institutions. To avoid violent assaults between juvenile detainees, there must be a structured and balanced daily routine with the shortest possible lock-up times. Personnel shortages may not adversely affect juveniles. Report details