Coercive acts
Association of Human Rights Austria thus took part in the contact meeting
quasi as a representative of the affected person. The woman acting in the
name of the association was also designed a “helper” of the affected person by
the head of the forced return team.
Legal advice and return advice are two different fields of duties with different
objectives (see NPM Report 2014, p. 140 et seq.). The affected person shall
therefore be informed about the function that the entrusted organisation is
assuming. Failure to do so would amount to circumvention of their rights in
this respect, particularly considering that the Association of Human Rights
Austria is active as both legal advisor and return advisor.
The Federal Ministry of the Interior also emphasised that there shall be a clear
distinction between legal advice on the one side and return assistance on the
other. However, the function of the employee of the Association of Human
Rights Austria was clearly identifiable in the opinion of the Federal Ministry of
the Inferior. Nevertheless, the NPM concluded critically that, according to the
observations made by the commission, the role that the representative of the
Association of Human Rights Austria was exercising was not clear.
During another contact meeting in Roßauer Lände police detention centre,
the commission found after a viewing of random entries in the medical
documentation that some diagnoses of post-traumatic stress disorders or
personality disorders and the associated medication information were not
included in the assessment on the capability to fly.
Erroneous
documentation in
assessment of capability
to fly
The police medical service ultimately confirmed that a list from the Federal
Office for Immigration and Asylum with entries on the existing conditions of
the affected persons had not been forwarded to the police medical service. As
the affected persons had not provided any information on possible existing
conditions themselves, they were thus not included in the files.
The NPM criticised the inadequate communication between the Federal Office
for Immigration and Asylum and the police detention centre. Furthermore, the
NPM emphasised the special importance of complete medical documentation,
as only with this can a conclusive assessment of the person’s capability to fly
be made.
Independently of the NPM mandate, the Association of Human Rights Austria
accompanies forced returns by air on behalf of the Federal Ministry of the
Interior. The association acts as a human rights observer pursuant to the Return
Guideline. The reports on these observations are also forwarded to the NPM,
which can initiate ex-officio proceedings if there is criticism of the approach
used by the executive. As observations by commission were restricted due to
the coronavirus, the NPM availed of this opportunity.
Flight monitoring by
Association of Human
Rights Austria on behalf
of the Ministry
Employees of the Association of Human Rights Austria observed a contact
meeting on 17 June 2020 and the subsequent forced return by charter to Tiflis
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