Universal Periodic Review

Reform preventive detention measures for offenders with mental illness by developing review mechanisms consistent with international practice, based on defined psychiatric assessment standards

Proponent:

Ireland

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/).

Increase medical and psychosocial staff, but also of the judicial guard

Proponent:

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League

Österreichische Liga für Menschenrechte

Rahlgasse 1/26, A-1060 Wien

http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

Remarks to progress by Liga (last modified Apr 1, 2025):

Prisons in Austria have been operating at full capacity for years and are overcrowded, while at the same time there is a significant shortage of staff. This was noted by the Austrian Court of Audit in its latest reports, which has a negative impact on resocialisation efforts. Despite some reforms and measures, many recommendations to improve the situation, such as investment in staff development and improved operational structures, remain incompletely implemented. For example, of 15 recommendations reviewed, only five were fully implemented. In 2023, 96 per cent of posts were filled, but there was still a shortfall of over 130 full-time employees. The employment rate of prisoners varies greatly, for example in 2023 it was 69 per cent in Vienna-Simmering Prison and 94 per cent in Gerasdorf. In 2022, the average duration of employment per prisoner was 3.16 hours per working day. The ACA emphasises the need to increase employment opportunities for prisoners and adapt the training on offer in order to increase the chances of successful reintegration into society (see ACA report, Management and coordination of the prison system; follow-up review, 2024,: https://www.rechnungshof.gv.at/rh/home/home/home_7/2024_9_Straf_Massnahmenvollzug_FuP.pdf). As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

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