"Hooks at Every Corner": Criticism of Juvenile Detention

The Ombudsman is alarmed about deficiencies in juvenile detention. Due to the lack of sufficient detention places for adults, the juvenile sections in the judicial detention centers in 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.

Ombudswoman Criticizes

It was an adult inmate who contacted the Ombudsman and reported that in his cell in the JA Wiener Neustadt, a 16-year-old had been accommodated alongside nine men for weeks. These conditions, especially the dissolved juvenile sections, contradict the minimum standards for juveniles in detention, which the Ministry of Justice committed to in a decree in 2012. 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.

"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 detention, Gabriela Schwarz (ÖVP). Juvenile detention is "extremely important," especially since pre-trial detention for juveniles according to § 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 Anna Sporrer (SPÖ) to "get an impression of the conditions in juvenile detention as soon as possible and implement our recommendations, which we repeat at regular intervals."

JA Münnichplatz "a Construction Site"

Sporrer might focus her attention on the new juvenile prison at Münnichplatz in Vienna-Simmering, which 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 housing young inmates who were previously accommodated in JA Vienna-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's Office. Only one department is in operation, "because the sanitary rooms in the others do not function. The slope in the wet areas was miscalculated, so they are flooded when used," explains Ombudswoman Schwarz 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 opportunity for employment.

However, there is a lack of staff, so the comprehensive care promised by the Ministry of Justice is not possible, criticizes the Ombudsman's Office. The executive officers are assigned from other JAs, particularly JA Simmering, which then lacks staff there. According to the Ombudsman's Office, there are no justice officers directly recruited at the Münnichplatz location. Additionally, there is a shortage - as in practically all prisons - of specialist and health personnel. For the inmates of JA Münnichplatz, this means they are only allowed 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's Office, 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 by 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 juvenile 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."

(APA/Red)

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