the forced return seem inappropriate.
In its comments, the Federal Ministry of the Interior replied that the
man was only restrained to prevent him from fleeing and to return him
to the vehicle, but not to carry out the return. Accordingly, the
recommendations of the former Human Rights Advisory Board did not
apply. The affected person strongly resisted while lying on the ground.
Moreover, he had been informed that the return had been cancelled.
In the opinion of the Federal Ministry of the Interior, the children were
not in a panic but ran away on command.
Resistance despite the
fact that the official act
has been cancelled?
It was difficult for the NPM to believe that the affected person resisted
after being informed that the return had been cancelled. The assertion
that the children ran away on command was not consistent with the
commission’s record and the statements of the independent witness.
Six days later, the commission observed a new attempt to effectuate
this return. On the way to the bus that was to take him and his family
to Poland, the man’s crutches were taken away from him because
they were the property of Mödling Hospital. Moreover, the affected
person was placed in body cuffs, which remained on him during the
entire trip. The Austrian authorities failed to inform the Polish
authorities of the need for crutches. The Federal Ministry of the Interior
regretted this error.
Contrary to the opinion of the Federal Ministry of the Interior, the NPM
believes that the man was never a danger to himself or others due to
his poor physical condition. Therefore, the restraining straps should
have been removed from the affected person during the trip to Poland.
Was restraint
necessary?
In the same case, the question of voluntary returns to the country of
origin arose. While the wife told the commission that she and her
family would have preferred to voluntarily return to Poland, the
authorities had no knowledge of the fact that the family wished to
voluntarily return to their homeland, according to the Federal Ministry
of the Interior.
Voluntary return versus
(forced) return
The NPM takes note of the frequent difficulties in communication
between affected persons, the Association of Human Rights Austria
and the Federal Ministry of the Interior with respect to the question of
voluntary return to the home country. Therefore, the NPM
recommended to the Federal Ministry of the Interior already in 2013
that it should define guidelines so that guidance can be given to
persons who wish to voluntarily return to their home countries. These
guidelines, which must be communicated to the affected persons,
should clearly state by what date and at what office or organisation
an appropriate application for voluntary return should be filed.
148
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