should be organised in such a way that a certain continuity is preserved while, at the same time, visible changes are being effected.
The hitherto existing ex-post control should be integrated with preventive monitoring and control in order to guarantee that human
rights are protected as comprehensively as possible. This approach
underpins the AOB’s claim of being the “Human Rights House of the
Republic of Austria”.
The National Preventive Mechanism (NPM) is implemented through
the collaboration of the AOB with the Commissions it has established.
But this can work only when civil society is integrated accordingly and
sees that it is a worthwhile endeavour to commit oneself to this new
mechanism for the protection of human rights. Civil society is prominently represented by NGOs in the Human Rights Advisory Council.
Higher budget due
to expansion of
competences
In the second half of 2012, the AOB had an additional budget of
EUR 1,947,000 to fulfil its new competences. The increased expenditure
can be explained on one hand by the activities of the members of the
Human Rights Advisory Council and the Commissions who are entitled to remuneration and reimbursement of travel expenses. Furthermore, increased personnel are required for additional administrative
tasks and there are also expenses resulting from the AOB’s obligations
under OPCAT, for example, the mandatory cooperation with international bodies, such as the UN Subcommittee on Prevention of Torture.
Priority of ex-post
control unchanged
Despite the newly assumed competences, the importance and priority
of ex-post control for the AOB have not changed. In 2012, around
15,600 complaints were received; the AOB receives about 63 complaints each working day. In order to put these figures into proportion,
it should be recalled that, when the AOB was established, the assumption was that it would receive 1,500 complaints per year.
Trends in complaints
One item that has remained the same in recent years is that most of
the complaints and investigations refer to the sector of social affairs.
More than one quarter of all initiated investigations fall into this particularly sensitive area. The high percentage of complaints in the area
of internal security is also significant. This development has emerged
in recent years and is due to the large number of complaints dealing
with the law on aliens and asylum law. This year has seen an increase
in the number of complaints concerning the judiciary, in particular
regarding the penal system. This is probably due to the initial visits
by the Commissions and the reports in the media about the new competences of the AOB.
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