Investigating human rights
Asylum and immigration law - border management in Spielfeld
A delegation of the AOB visited the Spielfeld border-crossing on 20 February
2016. Since no acts of direct administrative power and coercive measures
were observed during the visit and the border-crossing is not a place of
detention within the meaning of the OPCAT, the AOB conducted an ex-officio
investigation as part of its ex-post control.
At the time of the visit, the congestion was manageable and entry was organised
in a satisfactory way. The police, the army and private organisations did
good work. However, the delegation – which included persons with adequate
language skills – observed deficiencies in interpreting services. There also was
a need for improvement within the police organisation.
Deficiency in
interpreting services
Storage of fingerprints
The Federal Ministry of the Interior stated that lay interpreters who were
qualified and culture-sensitive would be utilised, as needed at the time, and
that a contract had been concluded with an appropriate company. The Police
Department of Styria and the Federal Ministry of the Interior considered this
to be sufficient since standardised questions were being asked. The affected
persons received written information with the precise reasons for refusing
entry in their own language as well as a verbal statement.
The AOB found that the observations made by the Police Department of
Styria did not match those of the visiting delegation and determined that lay
interpreting was inadequate. According to the Federal Ministry of the Interior,
the aforementioned company will be able to provide the professionalism
demanded by the AOB, since the lay interpreters are supposed to be trained
to meet UNHCR quality criteria. Peer support and supervision units will be
offered as well.
Information regarding
possible vaccinations
The delegation also observed that police officers were not adequately informed
regarding possible vaccinations. The Federal Ministry of the Interior referred
to a decree dated October 2015, which the Police Department of Styria
communicated to all police stations. The Federal Ministry of the Interior
accepted the suggestion of the AOB that attention should also be drawn to
possible vaccinations by posting notices in police stations.
Commands are unclear
Conversations with police officers on site indicated that commands were not
always clear and changed rapidly. The Federal Ministry of the Interior stated
that the commands in the Police Department of Styria were clearly discernible
to all managers and the police officers under their supervision, and realisable.
An extremely dynamic situation, like the one that existed at the time of the
commission’s visit, demands intervention as the situation dictates. Therefore,
procedures had to be adjusted on short notice. Extensions of working hours
on short notice are part of a police officer’s everyday life and therefore are
inherent in the system. However, these statements did not correspond to the
statements made by the police officers on site. Therefore, the AOB suggested
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