Cell placement and single occupancy in Austrian prison: rules for day and night, court review of prolonged solitary confinement and preparation of a complaint.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
Whether a person is placed alone or with others in a prison cell is governed by the rules on forms of placement. Section 124 of the Austrian Prison Act sets different principles for daytime and night-time placement. A concrete placement decision must therefore be reviewed against the daily routine, prison conditions and the individual situation.
The exact order, its date, its reasons and its practical effects are central to the legal review. This article concerns a specific decision on single or shared placement in a prison sentence. The general question whether a cell is unacceptable because too many people are held in it is covered separately in the article on detention conditions.
Start with the time of day, the reason for placement and possible health effects.
Already know you want to send an enquiry? Go straight to the contact form.
The concrete order and the cell situation are decisive.
Section 124(1) of the Prison Act generally provides for shared placement with others for as long as possible during the day. Under subsection 3, shared placement should be avoided where health reasons or the purposes of imprisonment make separate placement necessary for the person concerned or for fellow prisoners. Keep the order, the daily routine and the concrete burden.
Under section 124(1), prisoners should be placed alone as far as possible during night-time. Subsection 4 allows shared placement only where the prison facilities do not permit single placement, organisational reasons oppose it or the person wishes to share. Shared night-time placement must be avoided where it risks the person’s physical or mental condition.
Anyone held alone by day and night must generally be visited at least once a day by a suitable prison officer under section 125(1), unless a visit takes place. Beyond four weeks, solitary confinement against the person’s will requires an order by the enforcement court on the prison director’s application. Beyond six months, the law additionally requires the person’s request and the prison doctor’s consent.
Section 120 allows a prisoner to complain against a decision or order affecting rights and against corresponding conduct. A complaint against a decision can generally be lodged by the fourteenth day after it was announced or served. Section 121 determines responsibility. If the complaint concerns a decision or conduct of the prison director and the director does not remedy it, the enforcement court decides.
Section 124(1) distinguishes between daytime and night-time placement. During the day, prisoners should be in shared placement with others for as long as possible. During night-time, single placement is the statutory model. Depending on the form of imprisonment, residential groups or unlocked common rooms may be appropriate during the day.
The decision must fit these principles and the conditions of the particular prison. Record the start, end, time of day, cell, fellow prisoners and stated reason together. Section 124 does not automatically create a right to a chosen single cell, and the daytime rule does not create a right to a particular group.
During the day, separate placement may be necessary for health reasons or to achieve the purposes of imprisonment for the person concerned or for fellow prisoners. A specific danger, particular vulnerability or serious psychological burden should therefore be described with facts. A clear chronology supports review better than a general fear.
Section 40 also requires simple and functional rooms with sufficient air space and adequate daylight. This general room standard does not decide the placement question on its own. Together with duration, room design and the individual situation, it may nevertheless matter for the assessment.
Section 125 concerns solitary confinement, meaning placement alone during the day and at night. Unless a visit takes place, the person must generally be visited at least once every day by a suitable prison officer. This daily contact does not replace the review of the reasons, but it reflects the particular protection required during complete separation.
Duration changes responsibility. Against the person’s will, solitary confinement beyond four weeks is permitted only by order of the enforcement court. Beyond six months, the law additionally requires the person’s request and the prison doctor’s consent. The verifiable start of uninterrupted solitary confinement is therefore important for every time limit.
Keep the order or notification, the date it was announced, the reasons given and the way it was implemented. Add the daily routine, visits, reports to the prison, health effects and possible witnesses. This documentation helps distinguish an ordinary placement decision from a protective measure or solitary confinement.
Section 120 provides a complaint route against a decision, order or corresponding conduct affecting rights. For a decision, the general time limit is fourteen days after announcement or service. Section 121 sets out the initial responsibility and referral to the enforcement court. The complaint should therefore state the challenged event, the start of the time limit and the remedy sought.
Classification depends on time of day, reason, duration and responsibility.
| Situation | Legal framework | First review step |
|---|---|---|
| Shared placement by day Principle of shared placement for as long as possible | Keep the order, routine and exception reason | |
| Single placement at night Single placement as the model under section 124(1) | Review shared placement and prison reason | |
| Separation for protection Section 124(3), health or purpose of imprisonment | Document concrete danger and effects | |
| Involuntary solitary confinement Section 125, court required beyond four weeks | Keep start, daily contacts and decision | |
| Complaint Sections 120 and 121 | Record notification, time limit and remedy sought |
The matrix does not replace an individual review. The order, actual placement and complete file remain decisive.
Important: If placement creates a health or safety risk, the person should report the concrete reason to the prison immediately. Keep the time, recipient and response for later review.
Section 124(1) provides for single placement as far as possible during night-time. Under subsection 4, shared placement may be used where the facilities do not permit single placement, organisational reasons oppose it or the person wishes to share. It must not create a risk to the person’s physical or mental condition.
Daytime single placement does not follow automatically from a personal preference. Under section 124(3), shared placement should be avoided where health reasons or the purposes of imprisonment make separate placement necessary for the person concerned or fellow prisoners. The specific reason must be explained in a reviewable way.
For solitary confinement under section 125, the person must generally be visited once a day by a suitable prison officer unless a visit takes place. Beyond four weeks, an enforcement court order is required against the person’s will. Beyond six months, the law also requires the person’s request and the prison doctor’s consent.
Keep the order or notification, date of announcement, reasons, actual day and night routine, reports to the prison and health or safety effects. Visits, daily contacts and witnesses may also matter.
Section 120 permits a complaint against a decision, order or corresponding conduct affecting rights. For a decision, the general time limit is fourteen days after announcement or service. Section 121 determines whether the prison director or the enforcement court is initially responsible.
General cell burdens and how to document them.
Event, time limit and documents for a prison complaint.
When a change of prison must be reviewed separately.
Safety reporting and documentation of a technical failure.
Basic rights and duties in prison.
Subscribe to legal news: Receive new articles and legal information from the firm through BRANDaktuelle Rechtsnews.
When liberty is at stake, every hour counts. Call us directly or send an email, callback within one business day. In urgent cases, we are also available outside office hours.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg