E/CN.4/2001/66 page 22 report of Australia in November 2000 under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in which the Committee expressed its concerns at the “[u]se of instruments of physical restraint that may cause unnecessary pain and humiliation by prison authorities ..., [a]llegations of excessive use of force or degrading treatment by police forces or prison guards ..., [and a]llegations of intimidation and adverse consequences faced by inmates who complain about their treatment in prisons.” (CAT/C/XXV/Concl.3). Austria 69. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he had received information on the following individual cases, to which the Government replied by letter dated 8 December 2000. 70. Marcus Omofuma allegedly suffocated on an aeroplane in the presence of three police officers at the Vienna airport during his forced deportation to Nigeria on 1 May 1999. He was alleged to have resisted the attempt to deport him and as a result police officers bound his arms and legs and gagged him with adhesive tape. He was reportedly carried onto the plane. It is understood that he was gagged and strapped into his seat. When he protested the police officers reportedly applied more adhesive tape to his chin and used a plastic belt to tie him tighter into the seat. He allegedly continued to struggle in order to get air, while the police officers are said to have taken no action. When the tape was removed from his mouth, he was reportedly unconscious. By the time he was attended by a doctor, he was allegedly already dead. 71. The Government responded that following his death during deportation, criminal proceedings against the police officers involved were immediately initiated and they were suspended from work. Disciplinary proceedings were initiated but suspended pending the outcome of the criminal proceedings. The public prosecutor is currently in the process of clarifying two diverging medical reports, and issued a request to the expert of the Korneuburg Regional Court to comment on the medical report obtained from the Bulgarian authorities. The prosecution has further requested an examination of tissue from the corpse of the deceased. Responses to both requests are pending. A new ministerial directive on deportations by air was issued, which specifies, inter alia, that only specially trained officers may accompany deportees, and strengthens the procedures for medical examination before the flight. A Human Rights Advisory Board has been established at the Ministry of the Interior, including non-governmental organizations. The Board members are entitled to inspect police offices with detention facilities without prior notice. 72. Mohammed Ali Visila was reportedly assaulted by police officers at Schottenring underground station in Vienna on 3 March 1999. It is alleged that he was pushed into the control room of the station, where two police officers allegedly punched, kicked and beat him with rubber truncheons and pepper-sprayed him while he lay on the floor. They also reportedly shouted racist abuse at him during the attack. In April 1999, reports suggest that Mohammed Ali Visilia was brought to trial on charges of resisting arrest, resulting in a sentence of nine months’ imprisonment, eight of which were suspended. No action has reportedly been taken against the police officers. Attempts had allegedly been made by police officials to discredit the eyewitnesses, and the leader of the police trade union reportedly threatened the witnesses with legal proceedings in respect to comments made to the Austrian press.