CAT/C/AUT/CO/4-5
17.
While noting the measures taken by the State party to improve living conditions in
detention centres, including various legislative measures (the so-called
“Haftenlastungspaket”) to reduce the waiting period for conditional release and the grounds
for detention on remand, the Committee is concerned that there is continuing overcrowding
in places of detention, in particular Josefstadt and Simmerig II prisons in Vienna, as well as
understaffing problems. The Committee is also concerned about the reintroduction in June
2009 of the use of electro-muscular disruption devices, “Tasers”, in the penal service (arts.
2, 11 and 16).
The State party should strengthen its efforts to alleviate the overcrowding of
penitentiary institutions, including through the application of alternative measures to
imprisonment and the establishment of additional prison facilities as needed. The
State party should also take appropriate measures to increase the overall staffing
levels and the number of female prison officers.
The Committee reiterates its concerned that the use of electro-muscular disruption
devices can result in severe pain amounting to torture and in certain cases can even be
lethal. The State party should consider relinquishing the use of electro-muscular
disruption devices to restrain persons in custody, as this leads to breaches of the
Convention.
18.
While it takes note of the Suicide Prevention Programme established by the Federal
Ministry of Justice in December 2007, the Committee finds the number of suicides and
other sudden deaths in detention centres to appear to be high (art. 11).
The State party should increase its efforts to prevent suicides and other sudden deaths
in all places of detention. The Committee urges the State party to investigate
promptly, thoroughly and impartially all deaths of detainees, assessing the health care
received by inmates as well as any possible liability of prison personnel, and provide,
where appropriate, adequate compensation to the families of the victims.
Furthermore, information on independent investigation of cases of suicide and other
sudden deaths, along with any guidelines for suicide prevention adopted in this
regard, should be included in the next periodic report.
Prompt, thorough and impartial investigations
19.
The Committee regrets the insufficient statistical data on allegations of torture and
ill-treatment provided by the State party as well as the lack of information on the results of
the investigations undertaken in respect of those allegations. The Committee notes with
concern that almost half of the incidents occurred in 2009 concerned foreigners. In this
regard, the Committee continues to be concerned about the high level of impunity in cases
of police brutality, including that perceived to be racially-motivated. Until January 2010,
allegations of torture and ill-treatment were investigated by the Bureau for Internal Affairs
(BIA), a special unit within the Federal Ministry of Interior, which informs the competent
public prosecutor about the outcome of the internal inquiry. Although the Bureau of
Internal Affairs provided a copy of its reports to the Human Rights Advisory Board, the
members of this national human rights institution were not mandated to carry any
investigative work. Since the entry into force of the Federal Act on the Establishment and
Organization of the Federal Bureau of Anti-Corruption on 1 January 2010, BIA was
transformed into the Federal Bureau of Anti-Corruption (BAK) that, according to the
information provided by the delegation, is “an independent body outside the traditional law
enforcement structures and conducts independent investigation in close cooperation with
the public prosecutors” (arts. 12-13).
6