Investigating human rights one year after the last activities of the Federal Office for Immigration and Asylum and the homicide at the Brunnenmarkt, did the Federal Ministry of the Interior take further steps to obtain a repatriation certificate. Based on media reports and the available information, it could be assumed that the man had been extremely neglected, homeless and, at times, aggressive towards others (e.g. attacking two women with iron bars). Therefore, the AOB examined whether placement under the Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz) was indicated. This may have enabled the man to receive psychiatric treatment. The Federal Ministry of the Interior stated that no disorders were evident, according to the report of the Police Department of Vienna. Placement under the Hospitalisation of Mentally Ill Presons Act Without a doubt, assessing whether a case requires placement under the Hospitalisation of Mentally Ill Persons Act places high demands on police officers. Since the assessment is situation-dependent and it is difficult to determine through ex-post analysis whether there was maladministration, the AOB wishes to note the following on this topic: On one hand, a restrained application of the Hospitalisation of Mentally Ill Persons Act is generally a positive thing but, on the other hand, such restraint is not always required. The AOB has already discussed this topic in its report to the National Council and the Federal Council on the year 2006. Police officers and public health officers are not social workers. It is their duty to give serious consideration to forced placement where indicated and take the appropriate steps. Police stations should cooperate – at least within a manageable local area – so that they can exchange knowledge and information regarding persons with mental disorders in their areas of responsibility. When deployments are made, police officers with knowledge of the local structures and the persons with mental disorders should be involved. This would make it easier to decide whether placement under the Hospitalisation of Mentally Ill Persons Act should be considered. Cooperation between police stations Psychiatric information and information on how to treat persons with mental disorders should be mandatory – not only in initial police training but also in further training for police officers. Psychiatric information in further training for police officers 69

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