Country

Austria

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Conduct for Detention (Anhalteordnung) Arrest rooms have to be situated and equipped in a way that prisoners are kept in a humane way and that health endangerment is avoided.
Penal Code (Strafvollzugsgesetz) Cells have to be appropriately equipped, have sufficient airspace and enough daylight.
Decree concerning the minimum sizes of detention areas for detention areasThe minimum size for cells in pre-trial-detention are 6 m2 and in detention 7,5 m² to 12,3 m².

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2021Correctional institutions: Inmate cells must be situated and furnished in such a way that prisoners are housed humanely and health hazards are avoided. Therefore, it must be ensured that inmates have adequate individual living space in their cells. Report details
2017Police detention centres: Specially secured cells should allow the entrance of natural light, and all single cells must have natural and mechanical ventilation. All single cells must have an alarm button, which can be activated at the inmate cell. Report details
2018Correctional institutions: A maximum of four persons should be accommodated in cells for multiple inmates. The size of cells required by the CPT for two to four persons should not be undercut. Report details
2018Police detention centres: 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. The condition and fittings of cells pursuant to Detention Regulation must always allow the humane detention of persons. Standards for the detention of persons that are agreed with the NPM and which can only be realised through structural measures should be implemented without delay. Report details
2019Police detention centres: The condition and fittings of cells in the sense of the Detention Regulation must always enable the humane detention of persons. Detention enforcement standards agreed with the NPM, which can only be realised through structural measures, should be implemented without delay. Detainees in police detention centres must be allowed to use their own brought in lamps etc., provided that these do not bother other persons. Detainees in police detention centres should have the opportunity to purchase (mobile) LED lamps in the police detention centre or the detention centre. Report details
2021The permanent lighting of a cell such that the detainees housed there cannot distinguish between day and night is tantamount to torture and shall be avoided in all circumstances. Report details
2021Modern infrastructure is necessary for contemporary detention. Planned extensions and conversion shall be implemented as soon as possible. Report details