flights as an “independent human rights observer”. Furthermore, the
Association of Human Rights Austria is active in providing legal advice, in the assistance of persons being detained pending their forced
return and in repatriation counselling of aliens.
The Human Rights Advisory Council that was active within the Federal Ministry of the Interior until the end of June 2012 criticised that
solely the Association of Human Rights Austria that has been entrusted with the observation of forced returns by air. Furthermore, it
was alleged that the concurrent exercise of different tasks within the
scope of the same official act leads to a conflict between the tasks.
The former Human Rights Advisory Council recommended that other
institutions and persons be assigned as human rights observers. Role
conflicts, such as the concurrent use as interpreter and human rights
observer should, in any case, be avoided. The Federal Ministry of the
Interior did react to these recommendations; however, some questions
have remained unresolved.
Prompted by the observations of the Commissions and the criticism
by the former Human Rights Advisory Council, the AOB initiated an
ex-officio investigative proceeding about the role of the Association of
Human Rights Austria in forced returns.
During the observation of a forced return from Vienna to Lagos, the
question of the scope of the Commissions’ rights arose. The case invol-
Access to the airplanes
by the Commissions
ved a charter flight by Air Italia which was being carried out within
the scope of FRONTEX with the participation of seven other European
countries. At the Vienna International Airport, the AOB’s delegation
wanted to enter the passenger area for the flight, which was not yet
ready for boarding, because it had observed an altercation – apparently with police involvement. The members of the delegation were
prevented from doing so by a member of the deportation team. Therefore, the delegation could not fulfil its duty of observing the exercise
of direct administrative power and compulsion by police. It should
be clarified – for future cases as well – whether the Commissions may
accompany persons being deported during the flight. After all, the
reason for the establishment of the former Human Rights Advisory
Council was the death of Marcus Omofuma, whom a police officer
had „restrained“ on the airplane.
In this case, the AOB contacted the Federal Ministry of the Interior in
order to come to a common understanding of the scope of the rights
of the NPM as quickly as possible.
55
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