CAT/C/AUT/CO/4-5 The Committee recommends that the State party: Take appropriate measures to ensure that all allegations of torture or cruel, inhuman or degrading treatment are promptly and impartially investigated, perpetrators duly prosecuted and, if found guilty, convicted to penalties taking into account the grave nature of their acts, and that the victims are adequately compensated, including their full rehabilitation. Strengthen and expand the mandate of the Austrian Ombudsperson Board, to include protection and promotion of all human rights in accordance with the Paris Principles; Ensure that clear and reliable data are complied on acts of torture and abuse in police custody and in other places of detention; The State party should provide the Committee with further information on the mandate of the new Federal Bureau of Anti-Corruption and the procedures established to carry out independent investigation into all allegations of torture and ill-treatment committed by law enforcement officials. The State party should also provide the Committee with information on cases of torture and ill-treatment where the aggravating circumstances as stated in section 33 of the Criminal Code, including racism and xenophobia, have been invoked in the determination of sanctions for such crimes. 20. The Committee continues to be deeply concerned about the lenient sentences imposed by Austrian courts in cases of torture or other ill-treatment by law enforcement officials. The Committee is particularly concerned about the case of Cheibani Wague, a Mauritanian national, who died on 16 July 2003 in Vienna while being restrained during his arrest by police officers and a medical emergency team. In November 2009, the ambulance doctor and one of the police officers received both a seven month suspended sentence, which was reduced to four months on appeal in the case of the police officer. The Committee expresses also its concern at the case of Mike B., a black American teacher who was beaten up in February 2009 by undercover police officers in the Vienna underground (arts. 11 and 16). The State party should: Ensure prompt, thorough and impartial investigations into allegations of torture and ill-treatment, prosecute and punish perpetrators and provide effective remedies and rehabilitation to the victims; Ensure that sentences for torture and ill-treatment are commensurate with the grave nature of the offence. Inform the Committee on the results of any investigation undertaken in respect of the case of Mike B., as well as on prosecutions and convictions thereof. Redress and compensation, including rehabilitation 21. While noting the information provided by the State party that victims of torture or ill-treatment have a legal right to obtain compensation, the Committee is nevertheless concerned at the difficulties that certain victims face obtaining redress and adequate compensation. The Committee is particularly concerned about the case of Mr. Bakary Jassay, a Gambian national, who was abused and severely injured by policemen in Vienna on 7 April 2006, and who has not yet received any compensation, not even the € 3,000 awarded by the court for the damages resulted from the pain and suffering. The Committee also regrets the lack of statistical data or examples of cases in which individuals have received such compensation (art. 14). 7

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