Transfer of an asylum
seeker to Hungary
In light of an individual complaint regarding a pending forced return
of an asylum seeker to Hungary, the AOB has been vigilantly following the reports about Hungary since January 2012.
Apart from this investigative activity that was initially on a caseby-case basis, a Commission visited an Afghan family in the family
housing in the Zinnergasse. The planned forced return of the family of five to Hungary had previously failed because the mother had
suffered a self-inflicted injury. The family stated that it had entered
Austria via Hungary and had spent one month in detention pending
forced return. Their cell had not had any furnishings and their sick
children had not received any medical attention. The father related
that his brother had been transferred from Hungary to Serbia as part
of a chain of deportations. The Commission stated that it considered
the (planned) forced return of the family to Hungary alarming.
Reports from international NGOs gave rise to doubts that the Hungarian
asylum system offers sufficient protection. According to a report by the
UNHCR from October 2012, asylum seekers who have travelled via
Serbia are at risk of a chain of deportations to Serbia. According to the
UNHCR, Serbia is not deemed a safe third country (i.e. a country outside the EU). The Federal Ministry of the Interior considers a general
ban of deportations to Hungary unnecessary; however, it emphasised
that the situation for asylum seekers in each EU member country is
evaluated if necessary.
Reports of the human advisory council
The new Human Rights Advisory Council's understanding
of its role
Advisory function
The Human Rights Advisory Council is a new body with an advisory
function to assist in the fulfilment of the competences with which the
AOB, as the National Preventive Mechanism (NPM), has been charged; these competences include the prevention of torture and abuse in
Austria, prevention of any form of exploitation, violence and abuse in
institutions and facilities, as well as programmes that have been established for persons with disabilities. Its legal foundation is in the Act
on the Implementation of the OPCAT, which builds on already wellknown structures. The model for this advisory body was the Human
Rights Advisory Council that had operated within the Federal Ministry
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