2.7
Coercive acts
2.7.1
Introduction
In reporting year 2014, the commissions observed 69 acts of direct
administrative power and compulsion, including (forced) returns,
manifestations, football games, raids and major events.
As in previous years, there were no or hardly any complaints by the
NPM regarding police operations during football games and raids. By
contrast, in many cases the NPM criticised the implementation of
forced returns (returns to non-EU states) and returns (returns to EU
state under the Dublin Regulation) and the conduct of contact
meetings prior to these official acts.
The picture was more diverse with respect to manifestations. While the
conduct of the police was exemplary at smaller manifestations, the
police operations with respect to counter-manifestations and the
related excesses of the “Black Bloc” in the course of the Vienna
Academics Ball needed improvement. The Federal Ministry of the
Interior expressed its understanding of the criticism of the NPM in this
regard and promised to make improvements.
2.7.2
System-related problem areas
2.7.2.1
(Forced) returns
In Tyrol, the commission criticised the activities of a translator deployed
at a contact meeting. He was not a trained interpreter but a bilingual
person with medical knowledge. At times he conducted the meeting
himself and added independent content, which he considered
relevant. A translation must always objectively reflect the content of the
discussion. An interpreter should not inject himself into the
conversation or conduct the meeting. The Federal Ministry of the
Interior promised not to use the services of this person in the future.
Interpreters must
remain objective
Another point of criticism was that no case history was taken for
medical reports. In this case, the Federal Ministry of the Interior
promised to take consciousness-raising measures with respect to all
of the public health officers and contract physicians used by the
Innsbruck police detention centre.
The NPM repeatedly complained that no psychiatrist is deployed in
case of a hunger strike. In this regard, the Federal Ministry of the
Interior stated that the public health officer himself must decide
whether it is necessary to deploy a psychiatrist. The NPM pointed out
to the Federal Ministry of the Interior that a hunger strike is a very
sensitive matter.
137
Need for a psychiatric
opinion when there is a
hunger strike
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