Imprisonment

According to the government's accountability report, a total of 77 (previous year: 48) people were imprisoned in the state prison in the reporting year, 29 more than in the previous year. Of these, 69 (previous year 46) were men and 8 (previous year 2) women. 18 of the detainees were asylum seekers who were detained as part of the removal procedure in accordance with the Asylum Act in order to prevent them from absconding. The majority of these detentions were carried out as part of the Dublin procedure, i.e. the removal took place in Dublin states. There were no juveniles among the detainees (previous year: 0). In 2024, a total of 4,152 detention days (previous year 3,566) were served in Vaduz.

National prison

The Liechtenstein Preventive Mechanism (NPM) under the UN Convention against Torture (CAT) and the Prison Service Commission (identically staffed) visited the national prison four times unannounced in the reporting year. In their annual reports, the committees state that the state prison is run in an exemplary manner and that the penal system complies with legal requirements. During their visits, they were given unrestricted access to all the rooms they wanted and were able to have undisturbed conversations with prisoners. The detainees reported very good prison conditions and respectful treatment by prison officers. The employment opportunities are still considered to be limited, but sufficient in the reporting year. In contrast, the UN Committee against Torture criticized the employment opportunities in its new 2024 report and called for access to training, general education, leisure and cultural activities to be improved, especially for women.

The National Preventive Mechanism (NPM) and the Prison Service Commission have been observing an increase in mentally abnormal prisoners for years. The UN Anti-Torture Committee criticizes the fact that no medical professionals are employed in state prisons. It refers to the so-called Nelson Mandela Rules, according to which prisoners are medically examined upon admission to prison and later as often as necessary in order to detect health problems, infectious diseases or signs of mistreatment in good time. It calls on Liechtenstein to implement this accordingly. He also points out the need for sufficient human resources.

Solitary confinement

According to the 2024 report by the UN Committee against Torture (CAT), the provisions in the Prison Act on solitary confinement for adults for up to four weeks and for juveniles for up to two weeks violate applicable international standards and should be amended. The Anti-Torture Committee particularly points out that solitary confinement may only be used in exceptional cases as a last resort, for the shortest possible time and only after an independent review and authorization by a competent official. Furthermore, solitary confinement may not be used as a disciplinary measure against juveniles.

Structural deficiencies

With 20 prison places, a security cell and a multi-person cell, a small library, a gym and a small workroom, the space available in the state prison has been very cramped for years. In addition, the prison, which was built in 1991, has outdated facilities overall. In its latest report on Liechtenstein from 2024, the UN Committee against Torture also notes that the lack of space and the layout of the national prison lead to various situations, some of which are detrimental to human rights. For example, the Committee sees a need for action in the separation of prisoners (by gender, age and type of detention), the provision of vocational and general education, leisure activities and social contact opportunities.

According to its own information, the state police are monitoring these developments and the reasons for them in order to "draw any conclusions that may require strategic and political decisions in the future". A planned expansion of the prison was last widely discussed in 2004 and rejected by the majority of the Liechtenstein population in a referendum. According to the recommendations of the Anti-Torture Committee, however, it is appropriate to initiate a new strategic process.

Imprisonment abroad

In its latest report, the UN Committee against Torture is also concerned about detention abroad. Although it understands the reasons, it is critical of some aspects: Liechtenstein cannot ensure that basic legal guarantees against torture and ill-treatment are guaranteed abroad, as visits by authorities and visits by the national preventive mechanism abroad are not possible. He also sees a need to clarify legal uncertainties, e.g. with regard to Liechtenstein's jurisdiction in cases of allegations of torture, the receipt of complaints in this regard and ensuring unhindered access to independent legal counsel for persons detained abroad. It also criticizes the fact that the possibility of social contact (family visits) abroad is made more difficult. The Committee would therefore prefer all detentions to be carried out domestically and the corresponding capacities to be created.

Right of contact for families

The right of detainees to family contact is a sensitive issue in terms of human rights. The right of contact is enshrined in the general recommendations of the Committee of Ministers of the Council of Europe on the rights of children of detainees (Rec. 2018/5), in the UN Convention on the Rights of the Child Art. 3 para. 1 and Art. 9 para. 3 and 4 and in the UN Principles for the Treatment of Women Prisoners ("Bangkok Rules"). There are often judicial restrictions on visiting and contact rights for pre-trial detainees in state prisons. Apart from this, according to the prison management, the legal visiting and other contact rules would be increased wherever organizationally possible or humanly necessary. For example, the length of time for all prisoners would be practically doubled, even more generous visiting rights and special solutions would be granted for visitors traveling from far away, for women in prison, juveniles or people in de facto solitary confinement. The telephone communication options would be provided to detainees in multilingual information sheets. The legal contact rights and visitor rules can be found on the prison's homepage. However, there are no written regulations governing the visiting rights and contact rules of relatives to detainees in more detail - probably also due to the individual special solutions. It should be examined whether the special solutions mentioned correspond to an implementation of the right of contact of underage children with imprisoned parents (also in pre-trial detention) that complies with children's rights.

Detention of minors under immigration law

Art. 60 para. 2 of the Aliens Act stipulates that minors over the age of 15 can be detained. With regard to detention under immigration law, the group of experts under the UN Convention against Torture calls in its 2024 report for ensuring that children and families are not detained solely because of their migration status. Instead, alternative accommodation options should be used. Liechtenstein should also provide better care for unaccompanied minor asylum seekers or children separated from their parents - through a child-friendly care system that is geared towards the well-being and individual needs of children.

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