Procedure of monitoring and control visits
Visit programmes
Visits from September 2012
As the NPM, the AOB is obligated by law to visit places of detention on
a regular basis and it is its duty to charge the Commissions it has established with this task. The Chairpersons of the Commissions must prepare visit programmes in accordance with the ROP. As the monitoring
and control visits did not begin until mid-September 2012, a period of
time until the end of the year was agreed with the members. The visit
programmes enable the AOB to provide advance information to the
Commissions about its previous observations during investigations of
individual complaints. At the same time, they represent important
information for the AOB, which comparable types of institutions and
facilities should be visited Austria-wide.
The visit programmes are, however, not carved in stone, if for no other
reason than that each Commission must fulfil all three new competences within the limits of its allocated budget. Furthermore, the Commissions must have the necessary flexibility to undertake “ad hoc” visits in urgent cases or to act for the AOB upon its request in the AOB’s
ex-post control of public administration.
Inclusion of experts
possible
Apart from their activities within the scope of the defined investigative focal points, the Commissions themselves determine the subject
of their visit and the size of the delegation. It is at their discretion to
include additional experts insofar as this seems necessary due to the
type of institution or facility or the selected subject of the visit. In any
case, a concluding discussion must be conducted with the management of the facility, the documented content of which is to be sent to
the management of the home, the head of the public agency or the
management of the facility upon its request. In the course of their
work, the Commissions must show consideration for the requirements
of the operation of the institution or facility, especially as the visits are
generally unannounced.
The Commissions’ observations are recorded in the visit reports that are
provided to the AOB, which reviews them and uses them as the basis for its
decision as to whether this is a case of maladministration. The
Human Rights Advisory Council advises the AOB during this process.
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