DETENTION IN AUSTRIA Implementation of EU standards by

DETENTION IN AUSTRIA Implementation of EU standards by Rudolf KLUGMAIER, Attacheé Austrian Embassy Kiev Söderköping Process Workshop 7/8 Feb 2005 Kiev 1

HISTORY • The fall of the „Iron Curtain“ • Massive illegal border-crossing in the East and North • The Balkan War and new routes through Europe, now also from the S-E and South • Austria´s membership to EU and Schengen • Fast development of Organised Crime Söderköping Process Workshop 7/8 Feb 2005 Kiev 2

REQUIREMENTS n PILLAR II n Fulfilment of legal n Protection and regulations with respectation of the best possible Human Rights as economic use of well as the resources, individual dignity, reconstructable obtaining best and possible freedom comprehensive of movement and actions at every leisure stage Söderköping Process Workshop 7/8 Feb 2005 Kiev 3

PILLAR I – reconstructable and comprehensive actions • THE SECURITY POLICE ACT which is the basis of all kinds of activities of the Security services • INFORMATION SHEET FOR DETAINEES • Standardized DETENTION REPORTS (contents of 4 parts except annexes) • DOCKETS for every detainee (rough overview of the detention history with key marks) • Counseling and support (all common languages) Söderköping Process Workshop 7/8 Feb 2005 Kiev 4

PILLAR I – reconstructable and comprehensive actions • Complete and unbroken MEDICAL CARE (including substitution in case of addiction to drugs) around the clock • Police recordings (fingerprinting) and database update in the detention centre • Special responsibility of every officer regarding to the disciplinary, internal and supervising system. • Regular visits by different independent organisations Söderköping Process Workshop 7/8 Feb 2005 Kiev 5

PILLAR II – the detainee´s rights and dignity • LEGAL DETENTION RULES in written form with articles especially regarding to intervention in the common Human rights • Information about the possible duration of detention (Information sheet!!!) • Language (Interpreters at interviews present, forms) • Movement under Heaven, Games, Leisure managment Söderköping Process Workshop 7/8 Feb 2005 Kiev 6

PILLAR II – the detainee´s rights and dignity (rough) • Notification of a person of trust, consulate, lawyer • Human Rights Association Austria (Detention care) • Medical care, medical treatment, dialogue • Pastoral care • Food, opportunity to buy additional items, free hygienic articles for detainees without means • Visits, Phone calls Söderköping Process Workshop 7/8 Feb 2005 Kiev 7

ADDITIONAL MEASURES (in extracts) • Contact officer and „complaint post box“ • Timetable for daily routine to guarantee equalized access to leisure, medical care, …. • Pork free food for muslims • „Mother-Child-Room“ • Washing machines, dryers, clothes to change • Public phones on every floor • Parlour games, Table tennis, Table football Söderköping Process Workshop 7/8 Feb 2005 Kiev 8

ADDITIONAL MEASURES (in extracts) • Basketball and movement under heaven 2 -times daily • Roomstandards: seperated toilette, warm and cold water supply, Intercom, water boiler, cooker • X-ray-examination (optional) • Venereal disease examination • Special counselling for female detainees 3 -times per week by female social workers • „Dialogue“ three hours daily 5 -times per week • Library, TV-connection in every room Söderköping Process Workshop 7/8 Feb 2005 Kiev 9

RESTRICTIONS - DISCIPLINE • Legal Detention Order regulates not only detainee´s Right, but also his/hers duties, e. g. hygienic behaviour, self cleaning of rooms, respectfull behaviour to other detainees AND officials, cooperation during the process at foreign police In case of breeches: • Admonishment • Single detention up to three days Söderköping Process Workshop 7/8 Feb 2005 Kiev 10

ADDITIONAL CONTROL AND RECOMMENDATION • CPT Commitee for Prevention and Protection of Torture and inhuman or degrading Treatment or punishment first visit to Austria 1990, last two visits 1999 and 2004 (especially Detention Centre Vienna) • Human Rights Advisory Board (HRAB) unregular „surprising“ visits to holding and detention centres Söderköping Process Workshop 7/8 Feb 2005 Kiev 11

CPT 1999– 2004 „Face to Face“ • 1999: Lack of adequate activity for detainees • 2004: Library, Parlour games, movement under heaven 2 -times per day, sports opportunity, employment within the houses (cleaning, kitchen, …) • 1999: Language barriers • 2004: Increasing engagement of interpreters as well as the daily visits of the Human Rights Association Austria with members covering several languages of the world Söderköping Process Workshop 7/8 Feb 2005 Kiev 12

CPT 1999– 2004 „Face to Face“ • 1999: Partly complete lack of knowledge about the current status regarding to the progress of process • 2004: Regular transmission of facts and standings by foreign police, involvement of the deportationdetention care organisations, new releases of forms and handouts in the most commons languages • 1999: General bad detention comfort • 2004: Complete reconstruction and renovating of one house, ongoing reconstructions on other parts Söderköping Process Workshop 7/8 Feb 2005 Kiev 13

CPT 1999– 2004 „Face to Face“ • 1999: Medical care • 2004: Exclusive doctors for Detention Centre Vienna, officers with special nurse and medicine education around the clock, drug compensation, dialogue for persons with mental problems • 1999: Lack of means for body hygienic • 2004: First provisions with „Hygienic package“, weekly change of linen, pillows, blanketts, towels. Washing machines, dryers on every floor Söderköping Process Workshop 7/8 Feb 2005 Kiev 14

HUMAN RIGHTS ADVISORY BOARD IN AUSTRIA • Established 1999 (after repeated rec. by the CPT) • Indipendent commissions only reporting to the Minster of the Interiour and financed by him/her • All reports public and readable • Visits to security services without announcement • Unlimited access to all security services and rooms • Legal foundation in § 15 a-c of the Security Police Act • 11 members and same number of dep. members Söderköping Process Workshop 7/8 Feb 2005 Kiev 15

THANK YOU FOR YOUR ATTENTION rudolf. klugmaier@bmi. gv. at Mobile: +43 -664 -432 20 82 Söderköping Process Workshop 7/8 Feb 2005 Kiev 16