(FReM)”, which was completed in 2015. Under this project, employees of the Association of Human Rights Austria and the Association for Human Life (Verein Menschen-Leben) were trained as human rights observers. These persons will be assigned the tasks of monitoring human rights in the future. Two NGOs will provide human rights observers in the future This question is to be distinguished from the legal question of whether the NPM may also accompany such flights to observe possible acts of direct administrative power and coercive measures on board the aeroplane. Thanks to the expertise of the Human Rights Advisory Council, this question could be clarified in the affirmative in this reporting year. However, it is to be understood that the NPM does not act on behalf of the Federal Ministry of the Interior within the meaning of Section 10 of the implementing regulation to the Aliens’ Police Act during these deployments. 2.7.2.3. (Forced) returns As in the previous year, the commissions again criticised the interpreting activities of the Association of Human Rights Austria in this reporting year. In some cases, the commissions observed poor translations by employees of the Association of Human Rights Austria. In other cases, they attempted to convince persons being deported of the necessity of the (forced) return. Since the Association of Human Rights Austria is an organisation that offers return counselling, its interpreting activities continually result in role conflicts so that the objectivity of its interpreting activities cannot be guaranteed (see NPM Report 2014, p. 140 et seq.) Role conflicts of the Association of Human Rights Austria In one case, the commission could only examine medical documentation after a lengthy delay. The Federal Ministry of the Interior regretted this delay and referred the police officers to the applicable decree stating that commission members have the right to examine the medical data of detained persons. Delayed examination of medical data In addition, the NPM criticised the fact that too little consideration is paid to the best interest of children at the time of a return. A flight departure time of 7:00 a.m. means that children must be awakened at 3:30 a.m., which means that the child’s healthy sleep rhythm will be disturbed, particularly with small children. The Ministry then stated that the Federal Office for Immigration and Asylum will endeavour to avoid returns of children in the early morning hours in the future. Impairment of the best interest of children During the same return the commission also complained that a commanding officer had intentionally given a woman and her children false information. He told the woman that her husband was already in Poland and that she should therefore not defend against the planned return. However, at that time, the guard commander was aware that the husband of the affected person had been admitted to Otto Wagner Hospital complaining of a back problem. False information provided to persons being returned Since the Federal Ministry of the Interior did not address this allegation 146

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents