"This is the right to informational self-determination ignored," says Winfried Holz, a member of the Deutsche AIDS-Hilfe eV (DAH). "We urge the State Government, therefore, that interference with a fundamental right to withdraw without delay and no longer open the door to discrimination - especially as the desired protection of other inmates under this rule is not achieved."
The AIDS-Hilfe NRW, the umbrella organization of North Rhine-Westphalia's AIDS assistance, had already called for in September 2010, to end the "forced outing" HIV-positive prisoners. The response of the Government to an inquiry by Mr Stefan Romberg and Dr. Robert Orth (FDP) brought confirmation that the established in 1987, and is used in NRW alone practiced scheme includes: mid-January, the state government in response to the Small question on forced outing of HIV-positive prisoners confirmed that the scheme that HIV-positive prisoners in North Rhine-Westphalia would disclose their infection if they wanted to have shared time in the cell with other prisoners, "still valid" is.
This now leads to a demand in the NRW Parliament in the form of a small request of Members Anna Conrad (The Left). She stressed
"Although HIV is transmitted only through contact with blood and sperm is allowed to prisoners in NRW infected by the will of the state government in the future only to the community time with other prisoners - the so-called Umschluss - participate if they are as compared to their fellow inmates HIV-infected come out. The neighbor cells have to confirm qua signature, you have been informed about the infection. "
Conrad asks in her decidedly small request for the reasons the state government for its insistence on the current situation. They also asked about the availability of condoms and clean needles in prisons NRW and the available and planned replacement seats.
The situation in North Rhine-Westphalia seems to be even worse: by DAH-NRW general information officials are informed of known HIV infection among prisoners, regardless of consent of those concerned. "On the PC screen will then avoid the information that contact with blood!", And that is, HIV-positive ', says Bärbel Knorr from drugs and prison, the DAH. "It would also be a violation of medical confidentiality. Against this background, the testimony of the state government, give full weight to the right of informational self-determination of HIV-positive prisoners a top priority, as the blatant mockery. "
Legal expert Dr. Kai Bamman complained: "With the consent of the prisoner, the information about his HIV infection in Umschlussfall pass, he waived the benefit of a highly personal, confidential information. Many detainees are impossible to understand what implications this may have step for them in custody. Would therefore require an explanation and legal instruction, which is not. Also, you can once given consent usually later revoked or -. Seems in this case, the factual reasons, however, hardly possible if the information is first known, "This must, so Bamman be clarified legally, for example, with the assistance of the Supervisor of the country.
In other allegations of the state government, the forced outing of the HIV-infected prisoners do not protect against infection, so Bärbel Knorr. "That statement was false in 1987. The fact is and remains: HIV is not a serious communicable pathogens with which you are not contagious in everyday social contacts, even in prison. Protection against HIV transmission provide condoms - and here's NRW actually progressive, because in the prisons, it is easy and anonymous approach this protection products ".
A forced outing may lead to the fact that prisoners do not get tested or treated for HIV. In addition, there was a risk that other inmates of the false security and without any protection - for example along the lines. As long as I am not informed about the infection of a prisoner, I can assume that he is not infected "