Publishing own texts from prison in Austria: letter inspection and media contact

Section 86(1) StVG allows prisoners to correspond in writing with other people and bodies in accordance with the Act. Section 89 StVG adds that letters may generally be written during free time and that writing materials and, where necessary, paper must be provided. The law does not make this possibility dependent on prior approval by the eventual recipient.

The rules on correspondence apply to sending. Section 87 StVG generally provides for sending and receiving letters, cards and telegrams. A letter must be legible, comprehensible and generally written in German. A manuscript should therefore be sent with a clear cover letter, a complete recipient address and an unambiguous description of the request.

Publication is a separate step. The publisher or editor decides whether to accept, edit or publish the text. The prison does not grant publication approval by forwarding the letter. Conversely, the possibility of publication is not a licence to send content that must be withheld under the prison rules.

Section 90 StVG distinguishes general supervision from reading a letter. Outgoing and incoming letters may be supervised, in particular to prevent unauthorised money or objects from being sent. Spot-check reading is also provided for. More extensive inspection must be based on the statutory treatment grounds or on a suspicion that the letter must be withheld under section 90a StVG.

Under section 90a StVG, letters must be withheld if they may not be sent or handed over under the Act, otherwise breach the purposes of imprisonment, or constitute or prepare a criminal offence. This is not a general editorial pre-approval of every manuscript. The decisive factors are the specific content and the legal reasons given for the measure.

If a letter is read, its contents should generally be protected from disclosure to further persons. If it is withheld, the prisoner must generally be informed without delay. Keep the notice, envelope and text version together. This documentation makes it easier to assess a complaint under section 121 StVG.

Section 93 StVG allows visits during the set visiting times and subject to the prison's organisational conditions. For important personal, financial or legal matters, section 93(2) StVG provides an appropriate opportunity for visits where necessary, including outside the usual times. This does not create a blanket entitlement to a journalistic interview. The request should therefore describe the purpose and planned format of the contact in a comprehensible way.

Under section 94 StVG, visits generally take place in the designated rooms. Section 95 StVG provides for careful supervision and allows supervision of the conversation content, generally on a spot-check basis. Media representatives are not automatically covered by the special rules for legal representatives, authorities or support services under section 96 StVG.

Before the appointment, clarify the visitor's name and role, the subject, duration, any recordings and documents to be brought in. A visit approval regulates the prison route only. Whether the outlet later publishes, quotes or distributes the conversation with images or sound is a separate question.

If a text is not forwarded, is opened or is withheld, first secure the specific decision. Important documents include the complete letter, envelope, sender, recipient, intended sending date and any notice of the measure. For media contact, add the visit request, the visitor's identity and the planned form of the conversation.

Under section 121 StVG, a complaint to the detention judge may be available against a prison measure. Whether this remedy applies, which deadline runs and whether an urgent application is needed must be assessed from the specific decision. A purely oral refusal generally does not provide a reliable basis for legal assessment.

For a time-critical publication, also record when the manuscript was handed over, what response the publisher or editor expects and when the visit was planned. This helps determine whether urgent legal protection or an alternative contact route is needed in addition to the substantive assessment.