Introduction
This Annual Report differs from the previous ones in that it describes
and documents the impact of a major change.
Since 1 July 2012, die AOB has undertaken the responsibility of
monitoring and controlling public and private institutions and faci-
AOB’s new competences
lities where freedom is or can be restricted. This mandate under Austrian constitutional law enables the broad-based establishment of the
National Preventive Mechanism (NPM) in Austria. It is based on the
Act on the Implementation of the OPCAT (OPCAT Durchführungs-
gesetz), which implemented the UN Optional Protocol of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
At the same time, the AOB received a mandate to monitor and control institutions and facilities as well as programmes for persons with
disabilities. These controls will enable the prevention of all forms of
exploitation, violence and abuse. The third new area of competence
covers the in itinere and observatory monitoring of the conduct of the
agencies empowered to exercise administrative power and compulsion.
These additional functions of the AOB are already reflected in concrete
results of its work. The law, which was adopted in December 2011,
mandates that the expert Commissions of the AOB are to be charged
Commencement of
monitoring and
control activities
with these new monitoring and control competences. In the first half
of the year, the six Commissions already carried out more than 100
visits. Particular focal points were visits in police detention centres,
correctional institutions, retirement and nursing homes, psychiatric
institutions, as well as the monitoring of (forced) returns. In some
cases, there were initial indications that human rights were not being
protected. The AOB has already initiated the appropriate investigative proceedings.
The commencement of monitoring and control activities was preceded by intensive preliminary work and a host of organisational mea-
Three guiding principles of the AOB
sures. The reorientation of the AOB was underpinned by three guiding
principles:
The new competences, some of which were assumed from the former
Human Rights Advisory Board of the Federal Ministry of the Interior,
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