CAT/C/AUT/CO/3
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17.
The Committee notes with concern the reported delay of Länder authorities in adapting
their legislation and administrative framework to implement measures taken at the federal level
with the aim of enhancing compliance with the Convention. The Committee is particularly
concerned that, owing to perceived constitutional difficulties arising from the division of powers
between federal and Länder authorities, comprehensive federal provisions regarding the basic
needs of refugees, including health assistance, contained in the amended Federal Care Act (2005)
as well as in the Agreement on Basic Support (2004) between the Federal Government and the
Länder, have until now been adopted in only two Länder.
The State party should provide the Committee with information about the status of
enactment of appropriate legal provisions by the Länder authorities regarding
protection of the measures to meet the basic needs of refugees.
Additionally, the State party should take such measures as are appropriate to
ensure that what are considered to be the basic needs of asylum-seekers are not
diminished as a result of the amended Federal Care Act of 2005.
Request for information
18.
The Committee recommends that the State party submit information on the
outcome of the criminal proceedings in the case of the Austrian CIVPOL officer charged
with serious ill-treatment of an ethnic Albanian detainee during his service with the
United Nations Mission in Kosovo, the disciplinary measures taken during the proceedings
and after, as well as the compensation awarded to the alleged victim.
19.
The Committee encourages the State party to continue to contribute to the United Nations
Voluntary Fund for the Victims of Torture.
20.
The State party is encouraged to disseminate widely the reports submitted by Austria to
the Committee and the conclusions and recommendations, in appropriate languages, through
official websites, the media and non-governmental organizations.
21.
The Committee requests the State party to provide, within one year, information on its
response to the Committee’s recommendations contained in paragraphs 7, 8, 10 (b), 12, 15 (b)
and 17 (a) above.
22.
The State party is invited to submit its next periodic report, which will be considered as
the combined fourth and fifth report, by 31 December 2008, the due date of the fifth periodic
report.
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