1. Overview of the National Preventive Mechanism (NPM) 1.1. Mandate and understanding of the mandate As the NPM based on its constitutional mandate and according to national law, the Austrian Ombudsman Board (AOB) and its six multidisciplinary commissions monitor and control public and private institutions and facilities that are classified as “places of deprivation of liberty within the meaning of Article 4 of the OPCAT” nationwide and on a regular basis. The OPCAT mandate and the mandate additionally granted to the AOB and its commissions under Austrian constitutional law as set out in Article 16 (3) of the UN Convention on the Rights of Persons with Disabilities (CRPD), which consists in monitoring all forms of violence, abuse and exploitation in institutions and facilities dedicated to persons with disabilities. Since its implementation in July 2012, the Austrian NPM has from the very beginning endeavoured to interpret the OPCAT mandate broadly and to fill it with life to the fullest extent. In the past three and a half years, the commissions conducted 1,575 visits, of which 501 took place in 2015. Unlike other NPMs, some of which were established earlier, classic places of detention (correctional institutions, police stations, police detention centres) as well as so-called less traditional places of detention (psychiatric institutions, hospitals, retirement and nursing homes, child and youth welfare facilities) are being included regularly in the planning of quarterly visits by all the commissions, in order to fulfil the mandate of nationwide monitoring and control visits across Austria. In 2016, the NPM will be vested with a new area of responsibility. After the involvement of the Human Rights Advisory Council in 2015 it was clarified with binding effect that within the scope of the NPM mandate commissions can indeed accompany forced return flights. The applicability of OPCAT to such flights, which has now been resolved and is no longer in dispute in Austria, corresponds to recommendations by the UN Subcommittee on Prevention of Torture (SPT) in accordance with OPCAT, of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the European Union Agency for Fundamental Rights (FRA). The CPT itself has taken part in three such forced return flights. A total of 1,575 visits by commissions In the past three years, all 27 correctional institutions and twelve satellite facilities were visited multiple times. As had been the case in 2014 with regard to the newly constructed facility for detention pending forced return in Vordernberg, the NPM contributed its expertise again in 2015 prior to the opening of two newly constructed correctional institutions. When planning visits in the more numerous types of facilities (retirement and nursing homes, and facilities for NPM involves itself in planned projects OPCAT – filling the mandate with life 5

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