Ex-post control
The AOB also found that access to medical care was insufficient. Asylum-seekers
were not allowed to call a taxi for patient transport or emergency medical services
and were forced to obtain the manager’s approval first, which was rejected at
least once. No physicians visited Saualm. Even adult residents were not allowed
to access their medication because these were held and administered by the
manager or security personnel.
Land fails to meet its
monitoring role
Those responsible at the level of the Land Carinthia were largely aware of
these courses of action and tacitly tolerated them for a year without demanding
improvements. It is likely that the regional contacts appointed by the Land Carinthia
were insufficiently qualified for their tasks. They were clearly unable to cope with
fully documenting deficits. Whenever they reported deficits, the Land in many
cases either failed to respond at all or did not respond appropriately. There was
no complaint management, which forms the basis for compliance with legally
prescribed monitoring of institutions and facilities.
The AOB also identified severe shortcomings at the second refugee accommodation
in Carinthia for which complaints were received. The same applies to several such
properties in Burgenland. Asylum-seekers were at times housed in inhumane
conditions, subject to human rights violations and an objective health risk. Many
accommodation managers failed to provide integration measures in spite of their
legal obligation to this effect. Those responsible at the Burgenland administration
were aware of these deficits and tacitly tolerated them for years. In spite of repeated
criticisms by the AOB, asylum-seekers were still dismissed from basic care without
notification.
Based on these results, the AOB’s members unanimously agreed on 22 March and
on 1 July 2013 that Carinthia and Burgenland are sites of human rights violations
and deficits in respect of basic care. Not only were the regional basic care acts,
the basic care agreement and EU law violated, but also human rights obligations
such as the right to health and food and the prohibition of inhumane or degrading
treatment according to Article 3 of the European Convention on Human Rights.
AOB demands
compliance with
human rights
standards
The AOB urgently recommended that the regional government of the Land
ensure appropriate provisioning for asylum-seekers in keeping with human rights
standards. Psychological care and integration measures must be provided, and
individuals from outside the accommodation must not be generally prohibited
access. In addition, all asylum-seekers accommodated in basic care must be
given self-determined access to medical care and good connections to the public
transport network. Their security must be ensured as well as possible. It must be
ensured that complaints from asylum-seekers are also pursued, and deficits must
be rectified immediately.
The AOB recommended that the Federal Ministry of the Interior makes sure that
all Laender meet their tasks according to the basic care convention, Article 15a
of the Federal Constitutional Act and ensure care of asylum-seekers in humane
accommodation in keeping with national and international standards.
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