Coercive acts
During the coronavirus pandemic, the NPM was not informed of all the
politically controversial demonstrations. Nevertheless, commissions observed
two demonstrations against the coronavirus measures of the Federal
Government. On the demonstrations in Vienna on 14 May 2020 and 31
October 2020 respectively, the NPM perceived the behaviour of the police force
to be de-escalating and proportionate.
Demonstrations against
coronavirus measures
Protest rallies against coronavirus measures increased throughout January
2021. These took place in the form of “walks” on the one hand, and also
as “carnival parades”, which were usually peaceful and at least some of the
time in compliance with the COVID-19 protective measures. On the other
hand, there were major anti-coronavirus rallies directed against the Federal
Government, particularly in large towns, at which the police intervened due
to non-compliance with the COVID-19 protective measures.
Demonstrations against
coronavirus measures
from January 2021
The Vienna Police Department thus decided at the end of January 2021 to
ban rallies. Nevertheless, according to reports from the media thousands of
people assembled in Vienna to demonstrate despite the ban. According to the
media reports, the police did not disperse the rally immediately and allegedly
charged thousands of demonstrators for non-compliance with the protective
measures.
As a consequence of these events, the AOB received complaints and protests
from persons regarding the actions of the police. Persons who were penalised
for non-compliance with the protective measures complained that the police
had not immediately dispersed the unauthorised rally. Others for their part
complained about the dispersal of the rallies and the disproportionate actions
of the police. As many of the complaints were based on film material in
social media and those reporting them were not personally affected, the AOB
requested the Human Rights Advisory Council for a supplemental opinion of
its assessment of the police approach from the perspective of the protection of
fundamental rights.
2.8.3
Human Rights Advisory
Council interviewed
again
Notification of police operations
As already discussed in the NPM Report 2017 (pp. 171 et seq.), a decree from
the Federal Ministry of the Interior regulates the obligations to inform the NPM
(“Notification Decree”). An important criterion for the assessment of whether
an event is reported is the question of whether the police consider this event to
be semi-peaceful or unpeaceful in its risk analysis. As agreed, peaceful events
are not reported to the NPM.
Commissions reported from May 2020 that they were not always informed
about demonstrations against coronavirus measures and against racism
(“Black lives matter”).
166
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