refugees; (ii) the appointment of a commissioner to decide asylum cases; (iii) the right to appeal the
commissioner's decision before an independent appeals board; and (iv) the fact that asylum seekers cannot be
deported before a final decision has been taken in their case.
3.
45.
Recommendations
The Committee recommends that:
(a)
The State party ensure that the envisaged new Asylum Act is consistent with the provisions of
the Convention;
(b)
The State party ensure that victims of torture are not dissuaded from lodging a complaint by
any intimidation or threats, including threats of legal measures being taken against them;
(c)
The next periodic report of Malta, which was due on 12 October 1999, be submitted by
December 2000 and be prepared in accordance with the guidelines established by the Committee.
B. Austria
46.
The Committee considered the second periodic report of Austria (CAT/C/17/Add.21) at its 395th, 398th
and 400th meetings on 10, 11 and 12 November 1999 (CAT/C/SR.395, 398 and 400), and adopted the
following conclusions and recommendations.
1.
Introduction
47.
The Committee welcomes the dialogue with the representatives of Austria. Nevertheless, it regrets that
the report, due in August 1992, was only submitted in October 1998 and that it was not in conformity with the
Committee's guidelines for the preparation of periodic reports.
2.
48.
Positive aspects
The Committee notes with satisfaction the following:
(a)
The Security Police Act of 1993;
(b)
The Guidelines for the Intervention of Organs of Public Security;
(c)
The fact that the Federal Government is required to submit an annual security report to the
Austrian Parliament;
(d)
The establishment of an inspection system in accordance with the provisions of article 11 of
the Convention;
(e)
The Code of Criminal Procedure Modification Act 1993 and the Basic Rights Complaint Act
3.
Subjects of concern
1992.
49.
The Committee is concerned about the following:
(a)
In spite of the fact that the Convention has the status of law in the Austrian legal system and
is directly enforceable, a definition of torture as provided in article 1 of the Convention is not included in the
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