CAT/C/AUT/CO/4-5
legal aid. In this connection, the Committee recalls the recommendations made in
2004 and 2009 by the European Committee on the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment. The Committee also recommends
that the State party should take the necessary measures to provide an effective free
legal aid system, in particular for indigent criminal suspects.
Composition of police force and correction system
12.
While welcoming the measures taken by the State party to improve the
representation of female and minority ethnic police officers, which will have beneficial
impacts in policing including in matters of gender-based violence and any act based on
discrimination, the Committee is concerned that the representation of women and ethnic
minority communities in the police force and correction system remains very low (art. 2).
The State party should continue its efforts to diversify the composition of its police
force and correction services and to extend recruitment drives amongst ethnic
minority communities throughout the country. The Committee invites the State party
to provide in its next periodic report information on the measures taken to improve
such representation as well as detailed statistical information on the compositions of
the police force and correction system.
Non-refoulement and access to a fair and prompt asylum procedure
13.
The Committee welcomes the amendments introduced to the Asylum Law following
Constitutional Court ruling G151/02 of 12 December 2002, which addressed the concerns
expressed by the Committee in its previous concluding observations (CAT/C/AUT/CO/3).
The Committee is concerned that under article 12 (a) of the revised Asylum Law, persons
basing their repeat applications for international protection on new grounds cannot be
granted a stay of their expulsion if they lodge their application within two days prior to the
date set for deportation and may, consequently, be at risk of refoulement. Furthermore,
persons whose first asylum application was not found admissible according to the Dublin II
Regulation are, in case of repeat application, now excluded from de facto protection against
removal (faktischer Abschiebeschutz), a residence permit for asylum-seekers during the
admission procedure which does not allow removal from Austria. The Committee notes
with concern that in both situations asylum-seekers are not afforded an effective remedy.
The Committee is further concerned by the information provided by the State party that an
appeal of a decision denying asylum based on a procedural issue, as opposed to subject
matter, does not have automatic suspensive effect (art. 3) (see letter dated 15 November
2008 from the Rapporteur for follow-up on concluding observations).
The State party should take the necessary measures to ensure that individuals under
its jurisdiction are guaranteed fair treatment at all stages of the proceedings,
including an opportunity for effective, independent and impartial review of decisions
on expulsion, return or deportation.
14.
The Committee notes that the legal provisions regarding the basic needs of asylumseekers, including health assistance, contained in the amended Federal Care Act (2005) and
the Agreement on Basic Support (2004), have now been adopted by all Länder, as
recommended by this Committee in its previous concluding observations
(CAT/C/AUT/CO/3, para. 17). However, the Committee is concerned about reports on
extensive statutory grounds for withdrawal and cessation of care provisions, such as filing a
subsequent application within six months of a negative decision in a preceding procedure
(art. 16).
The State party should take effective measures to ensure that needy asylum-seekers
are not left without adequate reception conditions, including accommodation and
4