CAT/C/AUT/CO/6
17.
The State party should ensure that all detainees, including those kept in any
form of administrative detention, are afforded, by law and in practice, all
fundamental legal safeguards from the very outset of their deprivation of liberty,
including the right to be assisted by a lawyer without delay.
Composition of the police force and correction services
18.
While noting the measures adopted by the State party to alleviate the situation, the
Committee remains concerned at the reported underrepresentation of women and ethnic
minorities in the police force and among prison personnel (art. 2).
19.
The State party should further strengthen its efforts to increase the number of
female police officers and prison personnel and diversify the ethnic composition of the
police force and correction services.
Asylum seekers and non-refoulement
20.
The Committee values the extraordinary efforts made by the State party to respond
to the exceptionally high influx of undocumented migrants and asylum seekers, including
unaccompanied minors, arriving in its territory. It is, however, concerned at reports of poor
living conditions in some transit reception facilities for asylum seekers and, in particular,
the conditions prevailing during the summer of 2015 at the Traiskirchen asylum-seeker
centre, such as overcrowding, with hundreds of people sleeping outdoors, and limited
access to medical care and adequate sanitary facilities. The Committee appreciates the
acknowledgment by the delegation that the shortage of staff at the branch offices of the
Federal Office for Immigration and Asylum results in the inability to process speedily the
increasing number of asylum applications and of the need to provide all new asylum
officers with proper training. The Committee regrets that the State party has provided no
complete information on the procedures in place for the timely identification of victims of
torture among asylum seekers (arts. 3 and 16).
21.
The State party should:
(a)
Take the measures necessary to ensure appropriate reception conditions
in transit reception facilities for asylum seekers and refugees, as well as the use of
foster care for unaccompanied children;
(b)
Reinforce the capacity of the Federal Office for Immigration and
Asylum to process refugee claims of asylum seekers in the country and guarantee
access to free, qualified and independent legal aid for asylum seekers during the entire
asylum procedure;
(c)
Formulate clear guidelines and related training on the identification of
torture victims among asylum seekers.
Detention pending deportation
22.
While noting the decrease in the numbers of asylum seekers detained, and the
duration of their detention, the Committee considers that detention pending deportation
should be further reduced and only applied as an exceptional measure (arts. 11 and 16).
23.
The State party should ensure that asylum seekers are held in detention only as
a last resort and, if this becomes necessary, that they are held for as short a time as
possible and that use is made of alternatives to detention whenever feasible.
4