National Preventive Mechanism
model using video interpreters in the medical sector (Josefstadt correctional
institution) has proven successful thus far and should be expanded.
Numerous times human rights recommendations were made as a result of
reduced possibilities to receive visits and the deprivation of liberty resulting
from placement in specially secured cells.
While examining admissions to psychiatric hospital wards in accordance
with the Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz)
the commissions have found that a surprisingly high percentage of these
admissions occur without the confirmation by a public health officer, i.e. in
accordance with Section 9 (2) of the Hospitalisation Act (in case of imminent
danger – without an examination). This exception provision is probably
used even more frequently in rural areas. Therefore, one can assume that the
statutory primary method (in accordance with para. 1) is very frequently not
complied with. This raises concerns in respect of human rights.
Psychiatry
As the (former) Human Rights Advisory Board of the Federal Ministry of the
Interior criticised over the period of many years the inadequate availability
of doctors in public medical service in rural areas for examinations to
determine if a person’s physical conditions allow imprisonment and to
perform screenings for admission to psychiatric wards, now, due to Ebola,
24/7 on-call availability of the public health officer outside of regular
service operations has been introduced. The commissions expect that this
availability will be maintained after the fear of Ebola has receded.
On-call availability for
public health officers
The deficits surrounding the clarification of allegations of abuse against
police authorities identified some years ago by the (former) Human Rights
Advisory Board still exist. The publicly discussed possible reopening of the
proceeding in the “Bakary J.” torture case shows how important it would
be to apply international recommendations. As the (former) Human Rights
Advisory Board long demanded, the system of abuse proceedings in Austria
needs to be fundamentally reformed so that allegations are investigated
quickly and independently.
Allegations of abuse
At the beginning of 2014, Commissions 4 and 5 dealt with a large number
of family returns in accordance with the Dublin III Regulation: there were
27 cases during the period from 1 October 2013 to 19 April 2014. Returns
were to various European countries that were already well-known to many
families due to their experiences with flight and migration. These experiences
are often negative and trigger feelings of fear. What children experience in
the course of (forced) returns leaves deep psychological wounds, especially
when children see violence being used against their parents. Therefore, the
commissions repeatedly criticised – referring specifically to the welfare of
children – the circumstances surrounding the (forced) returns of families
with small children and/or pregnant mothers (see also p. 191 et seq.).
Forced returns
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