Complaints in which the Committee has found violations of the
Convention up to the fortieth session
State party
AUSTRIA
Case
Halimi-Nedibi Quani, 8/1991
Nationality and country of removal if
applicable
Yugoslav
Views adopted on
18 November 1993
Issues and violations found
Failure to investigate allegations of torture article 12
Interim measures granted and State party
response
None
Remedy recommended
The State party is requested to ensure that
similar violations do not occur in the future.
Due date for State party response
None
Date of reply
12 January 2007
State party response
The decision of the Committee was
communicated to the heads of all public
prosecutors’ offices. The prosecution
authorities were asked to follow the general
principles contained in the Committee’s
relevant Views. The Decree of the Federal
Ministry for Justice dated 30 September 1999
reaffirmed the standing instruction to the
prosecutors’ offices to follow up on every
case of an allegation of mistreatment by law
enforcement authorities by launching
preliminary investigations or by means of
judicial pretrial inquiries. Concurrently, the
Federal Ministry of the Interior requested the
law enforcement authorities to give notice to
the competent prosecutors’ offices of
allegations of mistreatment raised against
their own officials and of other indications
pointing to a relevant case without any delay.
Furthermore, Decree of the Ministry of
Interior of 10 November 2000 set forth that
law enforcement authorities are bound to
transmit a description of the facts or the
108
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