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 170

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents