During its visit, the CPT examined the treatment of persons held at Vaduz State Prison and of those detained by the police. It also spoke to persons sentenced by Liechtenstein courts who were held in establishments in Austria and Switzerland and assessed the legal safeguards surrounding the involuntary placement of patients in psychiatric hospitals abroad.
Overall, the CPT welcomes the fact that the treatment of persons deprived of their liberty in Liechtenstein is largely in line with the Committee's standards and it highlights several positive practices. In particular, the constructive staff-inmate relations at Vaduz Prison with frequent respectful interaction, based on the notions of dynamic security, appeared to be exemplary.
However, the Committee expresses concern that the legal provisions regarding the treatment of persons deprived of their liberty are in large parts incomplete or outdated and not in line with some of the Committee's long-standing recommendations. For instance, the rights of access to a lawyer and to a doctor are still not legally guaranteed for all persons detained by the police and persons held in prison have very limited legal entitlements to make phone calls and to receive visits. Furthermore, despite the Committees previous recommendations to reduce the maximum length of the sanction of disciplinary solitary confinement to 14 days for adults and to fully abolish it for juveniles, this sanction can still be imposed on prisoners, including children, for up to four weeks.
The CPT emphasises that such a situation leaves much room for arbitrariness. In the interest of legal certainty and the rule of law, at least the minimum treatment standards for persons deprived of their liberty must be expressly stipulated in the relevant legislation.
The Committee is further critical of the current practice of accommodating foreign nationals detained under immigration legislation at Vaduz Prison. It underlines that a prison is not an adequate place for such a detention and requests the Authorities to ensure that this group of persons is accommodated in a less carceral facility. In their response, the Liechtenstein authorities inform the CPT that this recommendation will be considered in the context of an overall review of the National Prison planned for this year.
The continuing legal uncertainties remain regarding the situation of patients held against their will in psychiatric hospitals in Switzerland or Austria. It remains the case that several safeguards against ill-treatment are not fully guaranteed for these patients. The Committee recommends that in the context of involuntary placement and subsequent placement reviews, all patients be entitled to benefit from legal assistance as well as from independent psychiatric expertise. It welcomes in this connection that the Authorities have worked for many years on a respective bilateral treaty with Switzerland and urges them to take the necessary steps to finally conclude the treaty. In their response, the Liechtenstein authorities describe the finalisation of the treaty as a high priority and commit to strive for a maximum of protection for involuntary patients.
The report further describes the situation of several persons deprived of their liberty pursuant to decisions of Liechtenstein courts and held in establishments in Austria and Switzerland (Innsbruck and Saxerriet Prisons and Forensic Department of Hall Regional Psychiatric Hospital). The Committee raises a number of shortcomings in their treatment and invites the Authorities to raise these issues with the competent Austrian and Swiss authorities.
In their response, the Liechtenstein authorities provide further information and outline measures taken in response to the recommendations made by the CPT.
- Read the report in English, in German
- Read the executive summary and observations in English, in German
- Read the response in English, in German
- Read the visit newsflashes
- The CPT and Liechtenstein
