Ex-post control Human rights violations in accommodation for asylum-seekers It is the aim of the basic care agreement (Grundversorgungsvereinbarung) according to Article 15a of the Federal Constitution to provide uniform standards for basic care institutions for asylum-seekers across the country. Hopefully, these standards will be available soon, and severe human rights violations at accommodation for asylum-seekers will be a thing of the past. Around 20,000 asylum-seekers currently live in Austria. Most of them do not have money, are not allowed to work and therefore depend on the state for support. According to EU Admission Directive 2003/9/EC, or the new EU Directive 2013/33/ EU, the member states are obligated to ensure that asylum-seekers in need of help receive appropriate accommodation and means of subsistence, which protects their private sphere and provides a minimum of autonomy in life. Failure to provide humane means of subsistence for asylum-seekers can also constitute a violation of the prohibition of inhumane or degrading treatment according to Article 3 of the European Convention on Human Rights (ECHR) (European Court of Human Rights, ECtHR, 21 January 2011, M.S.S. vs. Belgium and Greece, No 30696/09). International obligation for humane conditions Extensive AOB investigations in two Laender demonstrate that these international obligations are not always met. The investigative proceedings were triggered by media reports as well as reports from NGOs and private individuals, who approached the AOB with numerous complaints about deficits in several places of accommodation for refugees in Carinthia and Burgenland. The allegations primarily related to the so-called “Saualm” facility and to another institution in Carinthia, as well as to several basic care institutions and facilities in Burgenland. Complaints about refugee accommodation The AOB identified severe shortcomings during the investigative proceedings: At the refugee accommodation “Saualm”, the hygienic conditions were hazardous to health. Food had sometimes gone off or was insufficient so that the people frequently went hungry. Hot showers and heating were at times permitted for only half an hour up to one hour per day. The facility’s manager urged the asylumseekers to perform illegal work on renovating the building without sufficient health and safety measures. The allowance was at times paid out with great delays. The security services commissioned by the Land Carinthia randomly inspected rooms using dogs and visibly wearing weapons and handcuffs. Prayers were disrupted needlessly. All of this made residents even more insecure. AOB identifies human rights violations Although traumatised asylum-seekers were housed at Saualm, no psychological support was available. With the exception of insufficient German lessons, the managers also provided no integration measures and instead hindered initiatives and support provided by the local population and the local priest. Bans on entering the property further hampered integration measures. Transport to residential areas was not provided in spite of a legal obligation to that effect, which was especially problematic because of the facility‘s remote location. 37