The NPM also considered the lack of a case history for a person with a
fear of flying and the failure to provide information regarding the
possible side effects of a medication to counter his fear of flying to be
problematic. Ultimately the medicine was not administered.
The authorities should always give adequate consideration to the
health care of chronically ill persons during (forced) returns. Following
the suggestion of a commission, the NPM asked about the extent to
which care on the other side of the border is taken into consideration
in these official acts.
Care for chronically ill
The Federal Ministry of the Interior pointed out that medical needs
must be communicated to the target state when persons are
transferred to another EU member state under the Dublin III
Regulation. With the consent of the affected person, a data sheet with
all of the medical findings is sent to the target state. If the illness is
severe, information regarding the individual care that is being given is
provided. If there is a readmission agreement applicable to a forced
return to a non-EU state, such an exchange of information may also
be possible. Moreover, liaison officers can be deployed.
When a forced return is made to a non-EU state with no such
agreement, no such procedure is available from a legal standpoint.
The jurisdiction of the Austrian authorities ends “at the border”. There
is no legal basis for an exchange of sensitive health data or for
influencing the healthcare provided in the target country and there is
no ability to act in a sovereign manner in a foreign country. It should
also be taken into consideration that drug-dependent persons, who
have received substitution therapy in Austria, may not automatically
take such medication with them when entering a foreign country.
Criminal provisions may apply. Under the case law of the European
Court of Human Rights, particularly with respect to Art. 3 of the
European Convention on Human Rights (ECHR), the proceeding prior to
forced return must determine whether there is a possibility of
treatment in the target country and thus whether measures to end the
person’s stay in Austria are permissible.
With respect to one instance of forced return, the commission
complained about the uncoordinated process of receiving a family into
the Zinnergasse family shelter in Vienna. This facility is not for
detention pending forced return. Rather, more moderate measures
are taken there. The family was initially confused with another family.
Moreover, it was unclear whether an interpreter would come and, if
so, which one. It was also unclear who was responsible for providing
the food for the baby. The Federal Ministry of the Interior promised to
investigate this case and sensitise the employees.
During another forced return in Salzburg, the absence of an interpreter
resulted in great uncertainty on the part of the person being removed.
The Albanian woman was presented with documents in German,
138
Good communication is
very important
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