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.
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