Investigating human rights
Police - handling allegations of abuse
In the Annual Report 2015, the AOB criticised the Federal Ministry of the Interior
for taking almost no action to implement the concept of an independent
complaints and investigation office, described by the former Human Rights
Advisory Board of the Federal Ministry of the Interior in its report “Independent
external complaints office for allegations of abuse against police officers – a
visionary concept or an unnecessary institution?” (see Annual Report 2015,
p. 67 et seq.).
New decree on
allegations of abuse in
progress
In the project “Police.Power.Human Rights”, the Federal Ministry of the Interior
discussed a draft decree, which would regulate how the police should handle
allegations of abuse. The AOB was invited to several meetings on various
topics relating to this project. Finally, the Federal Ministry of the Interior stated
that a new decree, which is being coordinated with the Federal Ministry of
Justice, would contain appropriate procedures for cases of alleged abuse.
2.2.6 Judiciary
Legal guardianship
As of the editorial close for this report, an amendment to the legal guardianship
law, in the form of a draft of the 2nd Adult Protection Law, was already the
subject of parliamentary deliberations. The AOB would like to take this
opportunity to express its appreciation for the exemplary manner in which
the draft law was developed, i.e. it was also developed with the cooperation
of self-advocates, in the spirit of the UN CRPD. The AOB hopes that there will
be no basis for a high number of complaints once the Adult Protection Law
takes effect.
In the 2016 reporting period, 239 complaints were filed with the AOB from
all over Austria in connection with legal guardianships. These complaints
were either made to the AOB in person on consultation days or in written
form. In addition, the AOB received many telephone enquiries regarding legal
guardianship, where there were no written submissions after information
regarding the tasks and mandate of the AOB was provided.
Thus far, the main complainants to the AOB have been the affected persons
themselves or their close relatives. The problems reported were comparable
to those in previous years. Predominantly, criticisms were aimed at the legal
guardianship itself and the low influence of family members when professional
legal guardians are appointed. Many persons complained that not enough
money was provided, even when high income, pensions and savings were
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