Investigating human rights
The state is obliged to
provide basic reception
conditions
In reaching its decision, the AOB relied on the case law of the European Court
of Justice (Matter of Saciri, C-79/13), holding that even full utilisation of
reception structures do not justify temporarily withholding the basic reception
conditions. The AOB also relied on the opinion of the Constitutional Court of
Austria (A 15/2015) holding that “support services” within the meaning of
the Reception Directive must be provided once an application for asylum has
been filed, as long as there is no decision denying, restricting, or withdrawing
the statutory claim.
The AOB complained that numerous asylum seekers were temporarily
denied the basic reception conditions from September 2015 to March 2016.
Every asylum seeker was finally able to be immediately assigned to a shelter
commencing on 4 March 2016, after facilities for basic provision were increased.
As in the previous year (see Annual Report 2015, p. 62 et seq.), the AOB issued
an interim report on several open investigative proceedings. These proceedings
were completed in 2016 with the following results:
The AOB complained about the accommodations and level of support in the
massively overcrowded Federal Support Facility East and on the adjoining
grounds of the Security Academy SIAK in Traiskirchen in the summer of 2015.
Deficiencies at the
Initial Reception
Centre West
Also in the summer of 2015, an NPM commission visited the Initial Reception
Centre West in Thalham. The AOB’s primary criticism was that unaccompanied
minor refugees were transferred to the overcrowded Federal Support Facility
East from mid-May until the end of September 2015. The Federal Ministry
of the Interior immediately eliminated the unsecured storage of medications.
The AOB complained that fellow residents and care personnel were used as
interpreters at initial examinations. First, these persons often lack medical
expertise, and second, their involvement limits the confidentiality of the
interview with the physician. The Federal Ministry of the Interior promised to
explore the use of professional interpreters. Fortunately, the Federal Ministry
of the Interior quickly implemented the recommendations to serve dinner
later, inform the residents of the possibility of a second helping, and offer
snacks between meals.
The AOB also criticised the use of bilingual residents as interpreters during
medical visits at the Upper Austria Special Care Facility. The Federal Ministry
of the Interior announced that it would use a video interpreting system in the
future. The Ministry also eliminated another deficiency: the lack of properly
placed and labelled fire extinguishers.
The Federal Ministry of the Interior confirmed that there was a bed bug
infestation in five rooms at the Steyregg Special Care Facility. The AOB
complained that the care personnel initially did not take the complaints of
the affected unaccompanied minor refugees seriously. Management did not
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