AOB: "Infringement of
fundamental rights"
The AOB argued that custody issues ought to be handled as quickly
as possible since the fundamental right of freedom is involved, and
that if the entities involved in this case had been better organised, N.
could have been released three days earlier.
Organisational shortcomings resolved
When the Chief Justice of Klagenfurt Regional Court learned of the
case, before the AOB investigative proceedings were initiated, he
instructed that fax machines which are not staffed on an ongoing
basis should be monitored regularly, and that urgent documents
should be forwarded to the relevant department immediately. Faxes
are now sent directly to the filing office to ensure swift processing.
The department in question now receives a phone call in advance,
before the document is sent.
Right to proceedings of appropriate duration
ASYLUM PROCEEDINGS TAKING TOO LONG
During the year there was a huge, nearly tenfold increase
in the number of complaints to the Asylum Court (2009: 24;
2010: 212). Moreover, complaints related not just to existing proceedings before the Independent Federal Asylum Senate (94),
but also to new proceedings (118).
Efforts to reduce the
backlog postponed
The AOB noted that in many instances appeal proceedings were
taking several years to resolve. In many cases, until the complaint
was submitted to the AOB the authorities had taken no steps at all in
proceedings. Not surprisingly, this means the backlog has not been
reduced (earlier it had been boldly claimed that this would be achieved by the end of 2010).
Political responsibility
The AOB is well aware of the difficult circumstances under which
the Independent Federal Asylum Senate was operating, and that the
situation has not in any way improved for the Asylum Court, which
has been in operation since July 2008. When they started operations, both entities took on large numbers of existing cases, and only
the Asylum Court was adequately staffed. This is also the reason
why the AOB did not find a case of maladministration. Instead, it
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