Universal Periodic Review

Continue to implement recommendations of the 2015 Reform Report for preventive custody

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

On 15 December 2022, the „Measures Enforcement Adjustment Act“ was passed by the National Council (on the parliament’s website: Maßnahmenvollzugsanpassungsgesetz, 2022). However, this law only deals with the first part of a planned two-part reform project. In particular, the requirements for admission to and release from the penitentiary system were changed with the aim of reducing the total number of offenders. These first reform steps resulted in changes to the Criminal Code (StGB), the Code of Criminal Procedure (StPO) and the Juvenile Courts Act (JGG). Only the second part of the planned reform project is intended to improve the care provided in detention centres and the therapies etc. on offer. However, no progress is currently being made on the second part of the reform. Civil society fears that the steps taken so far will bring too little practical change, as important issues such as the provision and funding of care and support before, during and after placement as well as an offer of adequate medical care remain unconsidered and offenders with mental illnesses still do not have sufficient access to medical treatment.   A study published by the LBI-GMR in March 2023 on alternatives to the deprivation of liberty of children pointed out further problem areas (e.g. complete removal of juveniles from detention centres, capacities of juvenile psychiatry). Another ongoing project is dedicated to the necessary strengthening of procedural rights of persons with psychosocial impairments in detention centres (see LBI-GMR study: https://gmr.lbg.ac.at/forschung/menschenwuerde-und-oeffentliche-sicherheit/).