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 58

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