Procedure of the commissions

During their monitoring visits, the commissions must follow national and international guidelines. For example, the UN Subcommittee on the Prevention of Torture (SPT), to which the Ombudsman Board reports annually as the National Preventive Mechanism (NPM), demands clear and transparent working methods. Only if the commissions follow a comprehensible methodology during their visits comparable results can be achieved for the whole of Austria.

Further details on the working methods of the commissions and the Ombudsman Board within the framework of the National Preventive Mechanism can be found here.

The monitoring covers all aspects of human rights protection for the persons detained. In their activities, the commissions must also take into account the requirements of the organisation they control.

The commissions pay particular attention to whether suitable measures are taken to ensure that there are no restrictions on freedom or violations of privacy that contravene human rights, that no (structural) violence is used and that there is no degrading, inhumane or cruel treatment. Care and enforcement plans, the procedure for the return and release of detainees, the staff situation and the complaints management are also analysed.

The location, the building structure and the facilities of the institution, the living and accommodation conditions of the detainees, their ability to contact the outside world, the protection of their right to family and privacy, the availability of education, work and employment opportunities and as well as the access to internal information can also be examined.

Every observation is documented in detail so that appropriate conclusions can be drawn. All observations and findings are recorded in a standardised protocol. This protocol is divided into eight chapters: Basic information on the facility visited, findings on the visit, sources of information, topic-related findings, other comments, human rights assessment, other perceptions and closing meeting with the institution's management.

Following the visit, the commission conducts a closing meeting with those responsible for the facility on site. As far as possible, it is agreed that any perceived shortcomings will be remedied. The management of the home or the head of the authority or institution is informed of the content of the closing meeting.

A comprehensive visit report is also sent to the Ombudsman Board. The Ombudsman Board reviews the findings and issues a human rights assessment. It discusses its assessment with the facilities concerned, with the supervisory authorities of the federal states and the responsible ministries. In this way, the conditions for persons detained or living in these facilities are continuously improved.