cooperation with the Federal Ministry of the Interior, is an important
preventive element. An expansion of this form of cooperation into
other areas would be desirable.
The commissions increasingly deploy delegations from across the
commissions to utilise the available expertise to the greatest possible
extent. External experts are included with the same objective in mind.
In many facilities and institutions, administration of medication
represents a problem to the extent that, as perceived by the
commissions, medication is often administered by unauthorised
personnel.
The commissions are also directly informed by the persons affected
regarding abuse allegations against the police. This topic was
addressed in earlier reports to Parliament, where the commissions
voiced their concern about the fact that the way such cases are
processed is unsatisfactory. The commissions consider the avoidance
of such incidents to be a priority human rights issue. Therefore the
available information and documentation is being forwarded to the
AOB with the recommendation that an investigative proceeding be
initiated within the framework of the AOB’s ex-post control. However,
this step is the end of any possible course of action by the
commissions themselves as the commissions are limited to preventive
monitoring and control.
The observation of forced returns as part of the statutory mandate of
preventive monitoring of acts of administrative power and coercive
measures by the authorities is included in the ongoing responsibilities
of the commissions, especially Commissions 4, 5 and 6. In the future,
the commissions will also be able to accompany forced return flights.
The medical examination to determine fitness to fly within the scope of
forced returns is also included in the monitoring process. It was
observed that further medical care of chronically ill persons in the
target country is largely disregarded. Based on this observation, the
AOB initiated an investigative proceeding in 2014. In the opinion of the
commissions, it is regrettable that the Federal Ministry of the Interior
has not taken up the proposal of the AOB to remind the teams
overseeing the forced returns and the doctors involved in the form of a
decree to ensure further medical care or to abort the forced return, as
this could otherwise be deemed a violation of Article 2 (right to life) or
Article 3 (prohibition of torture or degrading treatment) of the European
Convention on Human Rights.
Observation of forced
returns
The current situation regarding the refugee and migration movement
in Europe was repeatedly the reason for visits in refugee housing that
were carried out by the commissions on behalf of the AOB. Despite a
fundamental understanding for the difficult situation, the commissions
pointed out problematic deficits in care from a human rights
perspective during all of these visits. These findings related to
Visits to refugee
housing
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