"Hooks at Every Corner": Criticism of Juvenile Detention

The Ombudsman is alarmed about deficiencies in juvenile detention. Due to insufficient detention places for adults, the juvenile sections in the judicial prisons of Linz and St. Pölten have been dissolved. This led to five inmates aged between 14 and 18 in the JA St. Pölten being assigned available detention places with adults. In the JA Wiener Neustadt, a 16-year-old ended up in a ten-person detention room.

"I take the allegations made by the Ombudsman today very seriously and have already initiated an investigation by my department," responded Justice Minister Anna Sporrer (SPÖ) immediately. A modern, effective, humane, and secure penal and correctional system is "a major concern" for her. "Particular attention must be paid to juvenile detention and the observance of all necessary aspects for the protection of juvenile detainees," she told the APA.

It was an adult inmate of the JA Wiener Neustadt who contacted the Ombudsman and reported that a 16-year-old had been housed in his cell alongside nine men for weeks. These conditions, especially the dissolved juvenile sections, contradict the minimum standards for juveniles in detention, to which the Ministry of Justice committed itself in a decree in 2012. Furthermore, the fact that the affected juveniles are locked in their cells for 23 hours is also against the law, which grants young inmates two hours of outdoor time.

"Almost nothing works"

"Juvenile detention is flawed in every aspect. Almost nothing works. The efforts of the staff are immense, but the conditions are partly precarious and catastrophic," notes the Ombudswoman responsible for the penal system, Gabriela Schwarz (ÖVP). Juvenile detention is "extremely important," especially since pre-trial detention for juveniles under § 72 paragraph 1 of the Juvenile Court Act (JGG) should only be imposed as a last resort if its purpose cannot be achieved by other measures.

"We have a socio-political mandate. Resocialization can only work if the circumstances in detention are favorable for the juveniles," emphasizes the Ombudswoman. Simply locking up juveniles and not or insufficiently engaging or educating them in detention is unacceptable. Schwarz therefore appeals to Justice Minister Sporrer to "get an idea of the conditions in juvenile detention as soon as possible and implement our recommendations, which we repeat at regular intervals."

Regarding the accommodation of juveniles in judicial prisons, the Ministry of Justice acknowledges that juveniles must be separated from adults. However, separation can be waived "as long as there is no harmful influence or other disadvantage to the juvenile detainees to be feared," according to a statement sent to the APA on Monday afternoon. The judicial prisons in Linz and St. Pölten have their own juvenile section, but due to overcrowding, these cannot "currently be operated as such." In Wiener Neustadt, a concept for a separate area exists, but the building permit is still pending.

According to the Ministry of Justice, there are occasionally "short-term internal transfers outside the juvenile sections" in judicial prisons with juvenile sections. This is to prevent transfers to other correctional facilities, which would make visits for the relatives of inmates more difficult. Regarding the issue that the outdoor time of two hours is not being implemented, there are no complaints in this regard. The Ombudsman counters that juveniles often do not know their rights in detention and thus do not know that they cannot simply be locked away.

JA Münnichplatz "a Construction Site"

The Ombudsman sees the new youth prison at Münnichplatz in Vienna-Simmering as problematic. It was originally supposed to replace the dissolved special institution for male juveniles and young adults up to the age of 21 in Gerasdorf by July 2024 and is designed for 65 juvenile inmates. Since January, the prison connected to JA Simmering has been occupied by young prisoners who were previously housed in JA Wien-Josefstadt. However, JA Münnichplatz is currently "still a construction site. Of three departments, two are not usable," says Peter Kastner, deputy head of department at the Ombudsman. Only one department is in operation, "because the sanitary rooms in the others do not work. The slope in the wet areas was calculated incorrectly, so they are flooded when used," Ombudswoman Schwarz explains in detail.

However, JA Münnichplatz itself is anything but bad, and the staff working there are extremely committed and do excellent work, as Schwarz emphasizes. The 21 juveniles currently incarcerated there are in relaxed detention - their cells are not locked until 4:30 PM. A social worker takes care of the inmates in the afternoons, and there is also some employment opportunity available.

However, there is a lack of staff, so the comprehensive care promised by the Ministry of Justice is not possible, criticizes the Ombudsman. The executive officers are assigned from other JAs, particularly JA Simmering, which then lacks staff. According to the Ombudsman, there are no justice officers directly recruited at the Münnichplatz location yet. Additionally, there is a lack of specialized and health personnel - as in practically all prisons. For the inmates of JA Münnichplatz, this means they can only receive one visit per week. Those pursuing an education must commute daily - under supervision - to and from JA Josefstadt. There are classrooms at Münnichplatz, but no teachers. According to the Ombudsman, there is no medical care. If a juvenile wants to buy food, cosmetics, or hygiene products, they must write lists, and the ordered goods are then delivered from JA Josefstadt - a so-called "Ausspeis," which is actually common in every prison, does not exist at Münnichplatz. During the Ombudsman's visit last Wednesday, video telephony was also not working in the new youth prison.

"The Münnichplatz prison is well thought out, but the process was set up incorrectly," summarizes Ombudswoman Schwarz. A prison can "only be populated when the structural and personnel conditions are right. Münnichplatz is not fully built. The administrative tract, the office spaces are in shell construction. There is no staff available. And yet, juveniles are housed there."

When Will Construction Work End?

According to the Ministry of Justice, the appointment of the prison management will take place on April 1. There is already a deputy prison director. The advertisements and filling of the other planned positions in both the executive area and the area of civilian employees and specialized services are "continuously being advanced." With further appointments and position shifts, more juveniles are to be gradually transferred to the modern youth prison, and the third department is to be put into operation. The completion of construction work is expected by the end of 2025: "This will achieve the independent function of JA Münnichplatz in every respect."

Furthermore, the Ministry of Justice notes that during its recent consultation day at Münnichplatz, the Ombudsman positively highlighted the day-structuring employment measures already established there, such as a career workshop and a creative group, as well as day-structuring leisure activities. There are almost daily active leisure activities - also outdoors, such as football in the yard. The training room has already been adapted to the needs of juveniles. "All internal and external construction measures are on schedule," the ministry assured in the written statement. There are no complaints regarding the showers. The wet rooms of the occupied cells are "renovated and therefore new."

(APA/Red)

This article has been automatically translated, read the original article here.