Phone calls in pre-trial detention in Austria

Under section 188 StPO persons in pre-trial detention are entitled to contact with the outside world. Calls with relatives and other trusted persons are permitted but require authorisation by the facility director and are subject to any conditions set in the remand order. Frequency and duration are governed by the house rules of the particular facility. A remand order may restrict contact to specific persons.

What to do now: First, check the facility house rules for call times and the authorisation procedure. Second, file an application with the facility director for approval of specific phone numbers. Third, check whether the remand order contains conditions on outside contact and inform counsel of any restrictions.

Under section 59 StPO the accused has the right to communicate with counsel at any time and without restriction. This right includes telephone calls. Recording or monitoring of conversations between the accused and counsel is prohibited by law. The detention facility must provide the technical means for such calls. An order restricting this contact is open to appeal.

What to do now: First, inform counsel of the exact contact options in the facility and agree on call times. Second, if contact is refused, immediately lodge a written complaint and notify counsel. Third, document the incident with date, time and the name of the staff member who refused.

Under section 188 StPO calls with persons other than counsel may be restricted by the court or the public prosecutor if the purpose of pre-trial detention requires it. Recording and monitoring by the facility is permissible. The costs of calls are borne by the detainees themselves. Sufficient funds must be on the detainee's account.

What to do now: First, have the phone account topped up on admission and inform relatives of the procedure. Second, keep the list of approved numbers complete and up to date. Third, if contact with counsel is unexpectedly monitored or recorded, involve the defence immediately, as counsel calls must be exempt.

Restrictions on outside contact in pre-trial detention can be challenged by appeal. The competent court is the higher regional court. The appeal must be lodged within three days from service of the order. If contact with counsel under section 59 StPO is impaired, the appeal must be filed immediately and the defect expressly raised.

What to do now: First, observe the three-day deadline and examine the order systematically for unlawfulness. Second, coordinate the appeal with counsel and attach all relevant evidence. Third, in parallel file a complaint with the legal protection officer at the facility.