Long visits and family visits in Austrian prisons

Section 93 StVG grants prisoners the right to receive visits for at least 30 minutes at least every 14 days. This minimum right may only be restricted in exceptional cases and only temporarily. The institution must enable visits even where staffing or space is limited. The right applies regardless of conduct in detention unless a disciplinary withdrawal has been expressly ordered.

What to do now: First, ask the institution in writing what visiting hours and booking deadlines apply. Second, clarify the exact list of permitted visitors, as they must generally be registered in advance. Third, if there are problems with booking appointments lodge a written complaint with the prison governor and if necessary involve the enforcement authority.

Long visits are not a statutory right but are offered in many Austrian penal institutions. They typically last four to six hours and take place in purpose-built rooms without a partition. Conditions are a demonstrably close personal relationship with the visitor, sufficiently good conduct in detention and the availability of a visiting room.

What to do now: First, ask the prison governor informally in writing whether and under what conditions long visits are possible. Second, demonstrate the relationship with the visitor credibly, for instance through a marriage certificate, shared registration or statutory declaration. Third, evidence good conduct through a clean record and allow for waiting time, as places are limited.

Special rules apply to visits by minor children. The child must be accompanied by a person with parental authority unless the child is already 14 years old and can decide independently. The institution may provide separate visiting times or specially designed rooms for children. Where the parent-child bond is at risk the prison governor may also grant a special visit.

What to do now: First, ask the institution what rules apply to visits with children and whether child-friendly facilities are available. Second, evidence the parental authority of the accompanying person with a birth certificate and registration record. Third, where special circumstances exist such as a threat to the parent-child bond apply in writing for a special visit.

The prison governor may refuse or restrict visits by specific persons where security reasons, procedural interests or disciplinary grounds require it. The decision must be notified to the prisoner. An appeal to the enforcement judge lies against such a decision and the judge reviews the lawfulness of the measure.

What to do now: First, request the written reasoning for the refusal if it has not yet been provided. Second, have the grounds assessed for substance and proportionality, in particular where family visits are refused. Third, lodge a timely appeal with the enforcement judge invoking Article 8 ECHR to protect family life.