Ex-post control 3.4 Interior 3.4.1 Fundamental rights The Innsbruck branch of the Federal Asylum Office interrogated a girl about genital mutilation performed on her and re-traumatised her. In doing so, the office violated the prohibition of degrading treatment under Article 3 ECHR. Inhumane interrogation of a child in asylum process The Austrian Red Cross approached the AOB representing her family and complained about the type of interrogation used for a child in an asylum process. The AOB’s investigation revealed that the Federal Asylum Office (Innsbruck branch) had interrogated a twelve-year-old girl about the genital mutilation suffered by her, even though her mother had agreed to a gynaecological examination. The interrogation intensified the child’s pre-existing mental and health problems. In its statement, the Federal Ministry of the Interior admitted that this course of action was not in accordance with the binding standard for questioning the victims of intrusions in their sexual self-determination. Ministry admitted its mistake Article 3 ECHR includes the prohibition of inhumane and degrading treatment of a person. Treatment is deemed to be degrading if it grossly disrespects human dignity (Constitutional Court, dated 6 October 1977, B 350/76). According to the European Court of Human Rights, the age and health condition of the person concerned are also important for this evaluation (European Court of Human Rights, dated 10 July 2001, Zl. 33394/96). The Federal Constitutional Law on the Rights of the Child obligates all institutions and facilities to primarily take into account the child’s welfare in each measure taken. In this specific case, an examination by a specialist would have been sufficient as evidence and preferential for the child’s welfare. From the AOB’s perspective, questioning a minor who has suffered traumatic childhood experiences constitutes impermissible degrading treatment by the Federal Asylum Office. Encouragingly, the Federal Ministry of the Interior has instructed the Federal Asylum Office (Innsbruck branch) to refrain from interrogations in similar cases and to only commission an examination. Examination instead of interrogation Individual case: VA-BD-I/0462-C/1/2013, BMI-LR2240/0368-III/5/2013 43