Separating families should be avoided during (forced) returns.
Professional interpreters should be made available during (forced) returns.
Special consideration should be given to the best interest of children during (forced) returns.
The interests in carrying out a (forced) return – particularly if coercion is used – and the
resulting risks must be in a reasonable relationship to each other.
In every stage of the action, it should be determined whether human rights aspects have
arisen that make continuation of the procedure seem inappropriate.
Guidelines for voluntary returns must be prepared to provide guidance to persons who wish
to voluntarily return to their home countries.
2.7.2.4.
Notifying the NPM of upcoming operations
There has been a discernible improvement in comparison to past
years in notifying the NPM regarding upcoming operations.
Nevertheless, the commission responsible for southern Lower Austria
and Burgenland stated that it is rarely notified of (forced) returns. The
Federal Ministry of the Interior gave its assurance that an examination
would be made. The commission for Tirol and Vorarlberg also found
that there were differences in compliance with the notification
obligation. The Vorarlberg police authorities give full and timely
notification as a rule, but notification by the Tyrolean police authorities
is sometimes late or not given at all. Any systemic deficiencies should
be eliminated since only timely notice enables the commission to
observe the police operation.
In two cases, the competent commissions were not notified of the
postponement of an operation and the earlier rescheduling of a
contact meeting in the course of a forced return. In both cases, these
failures were the consequence of a misunderstanding or a series of
unfortunate misunderstandings, in the opinion of the Federal Ministry
of the Interior. The officers involved have already been sensitised. In its
reply, the NPM stated that it hoped these misunderstandings would
remain isolated cases. Whether there are structural defects, such as a
lack of information or sensitisation of employees regarding the tasks
and competencies of the NPM, must be examined if there are further
incidents.
Failure to notify the NPM
The NPM criticised late notification of the competent commission
regarding an eviction from a house in Vienna. At a prior meeting
between members of the commission and representatives of the
Vienna police department, it was agreed that the commission would
be sent the order dated 24 July 2014 regarding an upcoming eviction
from a building on 26 July 2014 or 27 July 2014. In fact, the authority
order was not sent to the commission until 28 July 2014, the day of the
eviction. The result of the belated notice was that the commission
arrived too late and could only observe part of the eviction.
Late notification of the
NPM
In this regard, the NPM referred the Federal Ministry of the Interior to
the decree relating to notification of the NPM regarding upcoming
operations (“notification decree”) and demanded that orders by
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