Investigating human rights
one year after the last activities of the Federal Office for Immigration and
Asylum and the homicide at the Brunnenmarkt, did the Federal Ministry of
the Interior take further steps to obtain a repatriation certificate.
Based on media reports and the available information, it could be assumed
that the man had been extremely neglected, homeless and, at times, aggressive
towards others (e.g. attacking two women with iron bars). Therefore, the AOB
examined whether placement under the Hospitalisation of Mentally Ill Persons
Act (Unterbringungsgesetz) was indicated. This may have enabled the man to
receive psychiatric treatment. The Federal Ministry of the Interior stated that
no disorders were evident, according to the report of the Police Department of
Vienna.
Placement under the
Hospitalisation of
Mentally Ill Presons Act
Without a doubt, assessing whether a case requires placement under the
Hospitalisation of Mentally Ill Persons Act places high demands on police
officers. Since the assessment is situation-dependent and it is difficult to
determine through ex-post analysis whether there was maladministration,
the AOB wishes to note the following on this topic:
On one hand, a restrained application of the Hospitalisation of Mentally Ill
Persons Act is generally a positive thing but, on the other hand, such restraint
is not always required. The AOB has already discussed this topic in its report to
the National Council and the Federal Council on the year 2006. Police officers
and public health officers are not social workers. It is their duty to give serious
consideration to forced placement where indicated and take the appropriate
steps.
Police stations should cooperate – at least within a manageable local area
– so that they can exchange knowledge and information regarding persons
with mental disorders in their areas of responsibility. When deployments are
made, police officers with knowledge of the local structures and the persons
with mental disorders should be involved. This would make it easier to decide
whether placement under the Hospitalisation of Mentally Ill Persons Act
should be considered.
Cooperation between
police stations
Psychiatric information and information on how to treat persons with mental
disorders should be mandatory – not only in initial police training but also in
further training for police officers.
Psychiatric information
in further training for
police officers
69
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