In itinere monitoring of acts of compulsion
Monitoring of acts of
compulsion
As far as the police are concerned, the in itinere monitoring and
control of the conduct of agencies empowered to exercise administrative power and compulsion was hitherto within the remit of the
Human Rights Advisory Council, which had been established as part
of the Ministry of the Interior pursuant to Section 15a of the Law
Enforcement Bodies Act. Now this competence has been included in
the mandate of the AOB and the Commissions it has established. In
this area, the AOB can take advantage of the experience of the previous Human Rights Advisory Council. In accordance with a decree
issued by the Federal Ministry of the Interior, the AOB is informed
specifically, but not exclusively with respect to targeted campaigns,
major raids, major events, assemblies, as well as forced returns by air
or land. Additionally, the AOB receives reports from the Association
of Human Rights Austria (Verein Menschenrechte Österreich, VMÖ)
about their observations of police conduct during forced returns by
charter plane. The AOB is also informed about any allegations of abuse against police authorities, as well as with respect to any deaths
or suicide attempts in police custody. A six-month observation period
was agreed with the Federal Ministry of the Interior in order to determine if the Commissions have received all the necessary information.
Personell and financial resources
Budgetary provisions
An adequate budget
Every treaty state that has ratified the OPCAT is obligated under international law to provide its NPM with sufficient funds.
The AOB initially based its budgetary planning on the expenditure for the previous Human Rights Advisory Council pursuant to the Law Enforcement Bodies Act, which, however,
had significantly fewer duties to fulfil than the current NPM.
Merely the number of institutions and facilities that are to be monitored and controlled has quadrupled to more than 4,000. The AOB anticipates that the number of visits and investigations by the Commissions will increase to around 700 as a result of the expanded mandate.
All Commission members receive financial compensation for their
activity, and are reimbursed for travel and accommodation costs.
On top of this are the expenses for other AOB obligations that result from the OPCAT. In particular, the AOB is now obligated to
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