(16)
The Committee regrets the fact that for numerous areas covered by the Convention, the State party was unable
to supply statistics, or appropriately disaggregate those supplied (e.g. by age, gender and/or ethnic group). During the
current dialogue, this occurred with respect to, for example, cases of rejection of extradition requests for fear of torture,
cases of expulsion of foreigners and asylum-seekers who have been returned. The State party was also unable to provide
detailed information on cases of sexual violence and on investigations, prosecutions and punishment of perpetrators of
such violations.
The State party should take such measures as may be necessary to ensure that its competent authorities,
as well as the Committee, are fully apprised of these details when assessing the State party’s compliance
with its obligations under the Convention.
(17)
The Committee notes with concern the reported delay of Länder authorities in adapting their legislation and
administrative framework to implement measures taken at the federal level with the aim of enhancing compliance with
the Convention. The Committee is particularly concerned that, owing to perceived constitutional difficulties arising
from the division of powers between federal and Länder authorities, comprehensive federal provisions regarding the
basic needs of refugees, including health assistance, contained in the amended Federal Care Act (2005) as well as in the
Agreement on Basic Support (2004) between the Federal Government and the Länder, have until now been adopted in
only two Länder.
The State party should provide the Committee with information about the status of enactment of
appropriate legal provisions by the Länder authorities regarding protection of the measures to meet the
basic needs of refugees.
Additionally, the State party should take such measures as are appropriate to ensure that what are
considered to be the basic needs of asylum-seekers are not diminished as a result of the amended
Federal Care Act of 2005.
Request for information
(18)
The Committee recommends that the State party submit information on the outcome of the criminal
proceedings in the case of the Austrian CIVPOL officer charged with serious ill-treatment of an ethnic Albanian
detainee during his service with the United Nations Mission in Kosovo, the disciplinary measures taken during the
proceedings and after, as well as the compensation awarded to the alleged victim.
(19)
The Committee encourages the State party to continue to contribute to the United Nations Voluntary Fund for
the Victims of Torture.
(20)
The State party is encouraged to disseminate widely the reports submitted by Austria to the Committee and the
conclusions and recommendations, in appropriate languages, through official websites, the media and non-governmental
organizations.
(21)
The Committee requests the State party to provide, within one year, information on its response to the
Committee’s recommendations contained in paragraphs 7, 8, 10 (b), 12, 15 (b) and 17 (a) above.
(22)
The State party is invited to submit its next periodic report, which will be considered as the combined fourth
and fifth report, by 31 December 2008, the due date of the fifth periodic report.
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