(FReM)”, which was completed in 2015.
Under this project, employees of the Association of Human Rights
Austria and the Association for Human Life (Verein Menschen-Leben)
were trained as human rights observers. These persons will be
assigned the tasks of monitoring human rights in the future.
Two NGOs will provide
human rights observers
in the future
This question is to be distinguished from the legal question of whether
the NPM may also accompany such flights to observe possible acts of
direct administrative power and coercive measures on board the
aeroplane. Thanks to the expertise of the Human Rights Advisory
Council, this question could be clarified in the affirmative in this
reporting year. However, it is to be understood that the NPM does not
act on behalf of the Federal Ministry of the Interior within the meaning
of Section 10 of the implementing regulation to the Aliens’ Police Act
during these deployments.
2.7.2.3.
(Forced) returns
As in the previous year, the commissions again criticised the
interpreting activities of the Association of Human Rights Austria in this
reporting year. In some cases, the commissions observed poor
translations by employees of the Association of Human Rights Austria.
In other cases, they attempted to convince persons being deported of
the necessity of the (forced) return. Since the Association of Human
Rights Austria is an organisation that offers return counselling, its
interpreting activities continually result in role conflicts so that the
objectivity of its interpreting activities cannot be guaranteed (see NPM
Report 2014, p. 140 et seq.)
Role conflicts of the
Association of Human
Rights Austria
In one case, the commission could only examine medical
documentation after a lengthy delay. The Federal Ministry of the
Interior regretted this delay and referred the police officers to the
applicable decree stating that commission members have the right to
examine the medical data of detained persons.
Delayed examination of
medical data
In addition, the NPM criticised the fact that too little consideration is
paid to the best interest of children at the time of a return. A flight
departure time of 7:00 a.m. means that children must be awakened at
3:30 a.m., which means that the child’s healthy sleep rhythm will be
disturbed, particularly with small children. The Ministry then stated that
the Federal Office for Immigration and Asylum will endeavour to avoid
returns of children in the early morning hours in the future.
Impairment of the best
interest of children
During the same return the commission also complained that a
commanding officer had intentionally given a woman and her children
false information. He told the woman that her husband was already in
Poland and that she should therefore not defend against the planned
return. However, at that time, the guard commander was aware that
the husband of the affected person had been admitted to Otto
Wagner Hospital complaining of a back problem.
False information
provided to persons
being returned
Since the Federal Ministry of the Interior did not address this allegation
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