Investigative Commission Uncovers Serious Structural Deficiencies in Austrian Prison System

At the center of the criticism is the specific handling of the mentally ill prisoner. According to the commission's account, the man was transferred from Stein Correctional Facility to Hirtenberg, with wholly insufficient information provided regarding his medical history, leaving the prison guard service unclear about his clinical condition. As reported by Falter, the prisoner — described by a psychiatrist as acutely psychotic, disorganized, and unable to assess dangers to himself and others — had been placed under medical observation in an isolation cell. Gratz described the man as having been misplaced at Hirtenberg; he should have been in a ward of a psychiatric hospital.

The high-security cell to which the inmate was taken was, according to the commission, entirely unsuitable for the delivery of adequate acute psychiatric treatment. Due to the absence of a confirmed hospital bed, a transfer to a hospital did not take place despite a clear indication confirmed by a specialist the day before. The prison guard officers responsible for the man did not possess the capabilities to respond appropriately to an acute psychiatric case. When the situation escalated, the officers used strikes and combat techniques that were unsuitable and inappropriate for managing the situation.

78 Recommendations for the Prison System

Gratz stated that the prisoner's death could have been prevented with considerable probability had recommendations from internal audit and the Ombudsperson Board (Volksanwaltschaft) been taken up and implemented earlier in the past. Had the recommendations of the past 25 years been implemented, the death could have been prevented with considerable probability. That is the bad news, the commission head said. He expressed surprise at how three different groups of individuals — facility directors, prison guard officers, and those in training — painted a consistent picture.

A key finding concerns the staffing situation. On the one hand, there are too few staff; in Austria, there are 2.3 inmates per officer. By comparison, the EU average is only 1.6. The commission notes that across Europe, an average of 1.6 inmates per correctional officer is the norm. Furthermore, the commission criticizes the lack of a personnel development strategy in the prison administration, and consequently the absence of a guiding definition of objectives and criteria for the distribution of scarce resources.

The commission also identified a sharply increased burden in the forensic detention (Maßnahmenvollzug) system. Part of the problem is that the number of individuals held in forensic detention has tripled over the past 25 years. As a result, suitable placement options have become scarcer. Over the past 25 years, there has been an increase of over 300 percent in this area. With an eye to rising prisoner numbers, the commission head warned: Then the system really hits its limits. He therefore sees massive pressure for political action.

Reactions from Politics and Justice

Gratz advocated for measures to relieve the prison system. These include early release as well as community service in lieu of custodial sentences. Under the motto "sweat instead of sit," there are alternatives to imprisonment. Per 100,000 of the population, we lock up more than 50 percent more people than Germany does. Compared to Switzerland, Austria is also significantly higher. The prison system, in our view, also needs to learn from psychiatry, said Gratz.

Justice Minister Anna Sporrer (SPÖ) had appointed the commission in February following the prisoner's death. At the presentation of the report, she announced her intention to develop an overall strategy based on the 78 recommendations in order to improve the current situation as quickly as possible. There will be no more muddling through as before, Sporrer signaled. Thereafter, an overall strategy is to be developed to improve the status quo as quickly as possible.

The head of the General Directorate for the Prison System and Detention Measures, Friedrich Alexander Koenig, emphasized that action had been taken in response to the case over the past months. Koenig also announced a dedicated ward for acute psychiatric cases in general detention, to be established in the first quarter of 2027 at Stein Correctional Facility. Beyond that, dedicated wards for psychiatric care will not be within our capacity, Koenig regretted, citing the justice budget. However, an easily understood practical handbook with guidelines for the new regulation of involuntary medical treatment and for better sensitization of staff in dealing with psychologically conspicuous or ill inmates is to be introduced soon.

Criticism from the Ombudsperson Board and Amnesty

Specifically, the minister noted that particularly secure detention rooms had been renovated and that particularly secure cells with concrete beds no longer existed in the prison system; corresponding structural measures had been taken. Concrete beds torn out, Gratz summarized this aspect. The nationwide rollout of bodycams in the prison system is planned by the end of 2026. In addition, de-escalation courses for officers are to be introduced to improve the handling of acute psychiatric situations.

The Ombudsperson Board (Volksanwaltschaft) described the care of mentally ill prisoners as precarious on Monday. The Ombudsperson responsible for the prison system, Gabriela Schwarz (ÖVP), stated: Wären die jahrelangen Empfehlungen der Volksanwaltschaft umgesetzt worden, wäre es vermutlich nicht zum tragischen Todesfall in der Justizanstalt Hirtenberg gekommen. The commission confirms what we have long known. They now expect swift implementation. Es bleibt zu hoffen, dass die Appelle der Volksanwaltschaft in Zukunft nicht als Kritik, sondern als wertvolle Ressource aufgenommen werden, Schwarz responded in an initial statement.

Structural Deficits and Staff Shortages

The human rights organization Amnesty International Austria also identified grave structural deficiencies in a statement on Monday. Der Bericht belege eklatante Versorgungslücken bei der Betreuung psychisch beeinträchtigter Menschen in Haft, wie sie Menschenrechtsorganisationen seit Jahren kritisieren, Amnesty stated. Wie ein Staat mit Menschen umgeht, denen er die Freiheit entzogen hat, ist ein Gradmesser für seine rechtsstaatliche Verfassung, it said. Bedauerlich ist, dass erst der Tod eines Menschen zu einem Umdenken im Justizministerium geführt hat.

Non-minor security-endangering events require evaluation. This capacity-building must be undertaken swiftly, the report states. Das sei mit ein Faktor gewesen, warum man in eine ungeeignete Anstalt gekommen ist, Gratz said with regard to years of reform appeals that had partly gone unheeded.