AUSTRIA Republic of Austria Republik Oesterreich Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Click here Updated 09/10/10
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Vienna
8,210,281 (July 2010 est.)
Josef Proell
Vice Chancellor since 2 December 2008
President elected by direct popular vote for a six-year term (eligible
for a second term); presidential election last held 25 April 2010
Next scheduled election: 25 April 2016
HEAD OF GOVERNMENT
SELECTION PROCESS
Chancellor formally chosen by the president but determined by
the coalition parties forming a parliamentary majority; Vice
Chancellor chosen by the President on the advice of the
Chancellor; Election last held last held 28 September 2008
Next scheduled election: September 2013
DECLARATION OF HUMAN RIGHTS
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Austrians 91.1%, former Yugoslavs 4% (includes Croatians, Slovenes, Serbs, and Bosniaks), Turks 1.6%, German 0.9%, other
or unspecified 2.4% (2001 census)
Roman Catholic 73.6%, Protestant 4.7%, Muslim 4.2%, other 3.5%, unspecified 2%, none 12% (2001 census)
Federal republic 9 states (Bundeslaender, singular - Bundesland); Legal system is a civil law system with Roman law origin; judicial
review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; accepts compulsory
ICJ jurisdiction
Executive: President elected by direct popular vote for a six-year term (eligible for a second term); presidential election last held 25 April
2010 (next to be held in 25 April 2016); chancellor formally chosen by the president but determined by the coalition parties forming a
parliamentary majority; vice chancellor chosen by the president on the advice of the chancellor
Legislative: Bicameral Federal Assembly or Bundesversammlung consists of Federal Council or Bundesrat (62 seats; members
chosen by state parliaments with each state receiving 3 to 12 members according to its population; to serve a five- or six-year term)
and the National Council or Nationalrat (183 seats; members elected by direct popular vote to serve four-year terms)
elections: National Council - last held 28 September 2008 (next to be held by September 2013)
Judicial: Supreme Judicial Court or Oberster Gerichtshof; Administrative Court or Verwaltungsgerichtshof; Constitutional Court or
Verfassungsgerichtshof
German (official nationwide) 88.6%, Turkish 2.3%, Serbian 2.2%, Croatian (official in Burgenland) 1.6%, other (includes
Slovene,official in Carinthia, and Hungarian, official in Burgenland) 5.3% (2001 census)
During the Migration Period, the Slavs migrated into the Alps in the wake of the expansion of their Avar overlords during the 7th
century, mixed with the Celto-Romanic population, and established the realm of Karantania, which covered much of eastern and
central Austrian territory. In the meantime, the Germanic tribe of the Bavarians had developed in the 5th and 6th century in the west
of the country and in Bavaria, while what is today Vorarlberg had been settled by the Alemans. Those groups mixed with the
Rhaeto-Romanic population and pushed it up into the mountains. Karantania, under pressure of the Avars, lost its independence to
Bavaria in 745 and became a margraviate. During the following centuries, Bavarian settlers went down the Danube and up the Alps,
a process through which Austria was to become the mostly German-speaking country it is today. The Bavarians themselves came
under the overlordship of the Carolingian Franks and subsequently a Duchy of the Holy Roman Empire. Duke Tassilo III, who
wanted to maintain Bavarian independence, was defeated and displaced by Charlemagne in 788. An Eastern March (marchia
orientalis) was established in Charlemagne's time, but it was overrun by the Magyars in 909. After the defeat of the Magyars by
Emperor Otto the Great in the Battle of Lechfeld (955), new Marches were established in what is today Austria. The first record
showing the name Austria is 996 were it is written as Ostarrîchi, referring to the territory of the Babenberg March. The term
Ostmark is not historically ascertained and appears to be a translation of marchia orientalis that came up only much later. The
following centuries were characterized first by the settlement of the country, when forests were cleared and towns and monasteries
were founded. In 1156 the Privilegium Minus elevated Austria to the status of a duchy. Following the extinction of the Babenbergs
in the 13th century, Austria came briefly under the rule of the Czech King Otakar II. Contesting the election of Rudolf I of Habsburg
as Emperor, Otakar was defeated and killed by the German King, who took Austria and gave it to his sons in 1278. Austria was
ruled by the Habsburgs for the next 640 years. In the 14th and 15th centuries, the Habsburgs began to accumulate other provinces
in the vicinity of the Duchy of Austria, which remained a small Duchy along the Danube, and Styria, which they had acquired from
Ottokar alongside with Austria. Habsburg expansion into Hungary, however, led to frequent conflicts with the Turks, particularly
the so-called Long War of 1593 to 1606. The long reign of Leopold I (1657-1705) saw the culmination of the Austrian conflict
with the Turks. Following the successful defense of Vienna in 1683, a series of campaigns resulted in the return of all of Hungary to
Austrian control by the Treaty of Carlowitz in 1699. At the same time, Austria was becoming more involved in competition with
France in Western Europe, with Austria fighting the French in the Third Dutch War (1672-1679), the War of the League of
Augsburg (1688-1697) and finally the War of the Spanish Succession (1701-1714), in which the French and Austrians (along with
their British and Dutch allies) fought over the inheritance of the vast territories of the Spanish Habsburgs. Although the French
secured control of Spain and its colonies for a grandson of Louis XIV, the Austrians also ended up making significant gains in
Western Europe, including the former Spanish Netherlands (now called the Austrian Netherlands, including most of modern
Belgium), the Duchy of Milan in Northern Italy, and Naples and Sardinia in Southern Italy. (The latter was traded for Sicily in
1720). The latter part of the reign of Emperor Charles VI (1711-1740) saw Austria relinquish many of these fairly impressive gains,
largely due to Charles's apprehensions at the imminent extinction of the House of Habsburg. And, as many had anticipated, when
Charles died in 1740, all those assurances from the other powers proved of little worth to Maria Theresa. The peace was initially
broken by King Frederick II of Prussia, who invaded Silesia. On Maria Theresa's death in 1780, she was succeeded by her son
Joseph II, already Holy Roman Emperor since Francis I's death in 1765. By the time of Joseph's death in 1790, all his plans
seemed ruined, with both Hungary and the Netherlands in open revolt and the war in the Balkans dragging on and seeming
impossible to finish, given Russia's commitment to continuing the war. The war with France, which lasted until 1797, proved
unsuccessful for Austria. Although Austrian forces under Archduke Charles, the Emperor's brother, were successful in driving the
French back in Germany, the French Army of Italy, under the command of the young Corsican General Napoleon Bonaparte, was
brilliantly successful. With Bonaparte's assumption of the title of Emperor of the French in 1804, Francis, seeing the writing on the
wall for the old Empire, took the new title of Emperor of Austria as Francis I, in addition to his title of Holy Roman Emperor.
Napoleon was defeated at Leipzig in October, and forced to withdraw into France itself. As 1814 began, the Allied forces invaded
France. Initially, Metternich remained unsure as to whether he wanted Napoleon to remain on the throne, a Marie Louise regency
for Napoleon's young son, or a Bourbon restoration, but he was eventually brought around by British Foreign Secretary Lord
Castlereagh to the last position. Napoleon abdicated on April 3, 1814, and Louis XVIII was restored, soon negotiating a peace
treaty with the victorious allies at Paris in June. Liberalism and nationalism were on the rise, which resulted in the Revolutions of
1848. A constitution was enacted in March 1848, but it had little practical impact. However, one of the concessions to
revolutionaries with a lasting impact was freeing of peasants in Austria. The defeat at Königgrätz in the Austro-Prussian War of
1866 resulted in Austria's exclusion from Germany; the German Confederation was dissolved. The monarchy's weak external
position forced Franz Joseph to concede also internal reforms. To appease Hungarian nationalism, Franz Joseph made a deal with
Hungarian nobles, which led to the creation of Austria-Hungary through the Austro-Hungarian Compromise of 1867. The Austrian
half of the dual monarchy began to move towards constitutionalism. A constitutional system with a parliament, the Reichsrat was
created, and a bill of rights was enacted also in 1867. Nationalist strife increased during the decades until 1914. The assassination of
Archduke Franz Ferdinand, who was the presumed heir of Franz Joseph as Emperor, in Sarajevo by a Serb nationalist group
triggered World War I. The defeat of the Central Powers in 1918 resulted in the disintegration of Austria-Hungary. Emperor Karl
of Austria, who had ruled since 1916, went into exile. Following the defeat of Austria-Hungary in World War I, in the Aftermath of
World War I the Empire was broken up based loosely on national grounds. Austria, with its modern borders, was created out of
the main German speaking areas. On November 12, 1918, Austria became a republic called German Austria. Under the Christian
Social Party, the Austrian government was moving towards centralization of power in the Fascist model. On February 12, 1934 the
new Austrofascist regime provoked the Austrian Civil War by ordering search warrants for the headquarters of the socialist party.
On March 11, 1938 following a demand by Hitler for power-sharing with pro-German circles, German troops occupied Austria
with no resistance. On April 1945, the very astute Karl Renner an Austrian elder statesman, declared Austria separate from
Germany and set up a government. The country was occupied by the Allies from May 9, 1945. The two major parties strove
towards ending allied occupation and restoring a fully independent Austria. The Austrian State Treaty was signed on May 15, 1955.
Upon the termination of allied occupation, Austria was proclaimed a neutral country, and "everlasting" neutrality was incorporated
into the Constitution on October 26, 1955. Austria joined the European Union in 1995 and Austria was set on the track towards
joining the Eurozone, when it was established in 1999. On 1st October 2006 the SPÖ. (Social Democratic Party) won a head on
head elections and negotiated a grand coalition with the ÖVP, the Christian-conservative Austrian People's Party. This coalition
start it’s term on January 11, 2007 with Alfred Gusenbauer as Chancellor of Austria. Notable in this election, for the first time
Green Party of Austria became the 3rd largest party in a nation wide election, overtaking the FPÖ by a thin margin of only a few
hundred votes.
Source: Wikipedia: History of Austria
Austria, with its well-developed market economy and high standard of living, is closely tied to other EU economies, especially
Germany's. Its economy features a large service sector, a sound industrial sector, and a small, but highly developed agricultural
sector. Following several years of solid foreign demand for Austrian exports and record employment growth, the international
financial crisis and global economic downturn in 2008 led to a recession that persisted until the third quarter of 2009. Austrian GDP
contracted 3.5% in 2009 but it will probably see positive growth of nearly 2% in 2010. Unemployment has not risen as steeply in
Austria as elsewhere in Europe, partly because its government has subsidized reduced working hour schemes to allow companies to
retain employees. Such stabilization measures, stimulus initiatives, and the government's income tax reforms pushed the budget
deficit to about 4% of GDP in 2009, from only about 1.3% in 2008. The Austrian economy has benefited greatly in the past from
strong commercial relations, especially in the banking and insurance sectors, with central, eastern, and southeastern Europe, but
these sectors have been vulnerable to recent international financial instabilities. Some of Austria's largest banks have required
government support - including in some instances, nationalization - to prevent insolvency and possible regional contagion. In the
medium-term all large Austrian banks will need additional capital. Even after the global economic outlook improves, Austria will
need to continue restructuring, emphasizing knowledge-based sectors of the economy, and encouraging greater labor flexibility and
greater labor participation to offset growing unemployment and Austria's aging population and exceedingly low fertility rate.
Source: CIA World Factbook (select Austria)
The power of the Federal Council is very limited because its veto has only deferring effect. A convention, called the Österreich–
Konvent was convened in June 30, 2003 to decide upon suggestions to reform the constitution, but has failed to produce a
proposal that would receive the two thirds of votes in the Nationalrat necessary for constitutional amendments and/or reform.
However, some important parts of the final report were generally agreed upon and are still expected to be implemented.
The Social-democrats under Alfred Gusenbauer emerged as the winner of Austria's general election in October 2006. After
negotiations with the ÖVP were successfully concluded Alfred Gusenbauer and his SPÖ-ÖVP coalition government were sworn in
on January 11, 2007 by President Heinz Fischer.
This coalition broke-up again in June 2008. Elections in September 2008 further weakened both major parties, Social Democrats
and People's Party, but together they still hold more than 50% of the votes with the Social Democrats holding the majority. The
Freedom Party and the recently deceased Jörg Haider's new party Alliance for the Future of Austria, both right-wing parties, were
strengthened. Due to the surge of the right at the last elections, many speculated that any government coalition would include at least
one of the two "far-right" parties. This idea was put to rest when both the Social Democrats and the People's Party stated that
neither of them would work with the Freedom Party or the Alliance for the Future of Austria. Lengthy negotiations led to a renewed
"grand coalition" consisting of the Social Democrats and the People's Party.
Source: Wikipedia: Politics of Austria
While threats of international legal action never materialized in 2007, 915,220 Austrians, with the support of the newly elected
Freedom Party, signed a petition in January 2008, demanding that Austria block the Czech Republic's accession to the EU unless
Prague closes its nuclear power plant in Temelin, bordering Austria
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
Transshipment point for Southwest Asian heroin and South American cocaine destined for Western Europe; increasing
consumption of European-produced synthetic drugs.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Austria
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Austria is a parliamentary democracy with constitutional power shared between a popularly elected president and a bicameral parliament
(Federal Assembly). The country's eight million citizens choose their government representatives in periodic, free, and fair multiparty
elections. In September 2008 voters elected members of the national parliament. Civilian authorities generally maintained effective control
of the security forces.
- During the year there were some reports of excessive use of force by police and societal discrimination against Muslims and
members of unrecognized religious groups, particularly those considered "sects."
- There were reports of anti-Semitic incidents, including two physical attacks, taunting, graffiti and defacement, threatening letters,
Internet postings, property damage, and vilifying letters and telephone calls.
- Violence against women, child abuse, and trafficking in women and children for prostitution and labor also remained problems.
- There were incidents of neo-Nazi and right-wing extremism and xenophobia directed toward members of minority groups.
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20 May 2010
Committee against Torture
Forty-fourth session
26 April-14 May 2010
Consideration of reports submitted by States parties under article 19 of the Convention
Concluding observations of the Committee against Torture
Austria
A. Introduction
2. The Committee welcomes the timely submission of the fourth and fifth combined periodic report of Austria and the replies to the list
of issues. However, it regrets that the report does not follow the Committee’s reporting guidelines.
3. The Committee appreciates the constructive efforts made by the high-level delegation to provide information and additional
explanations during the discussion of the report.
B. Positive aspects
4. The Committee notes with satisfaction that since the consideration of the third periodic report of the State party, the latter has ratified
the following international instruments:
(a) Convention on the Rights of Persons with Disabilities and its Optional Protocol (26 September 2008);
(b) Council of Europe Convention on Action against Trafficking in Human Beings (12 October 2006);
(c) European Convention on the Compensation of Victims of Violent Crimes (30 August 2006).
C. Principal subjects of concern and recommendations
Definition and offence of torture
8. While noting that the State party is preparing an amendment to the Criminal Code for the inclusion of a definition of torture, the
Committee remains concerned that the State party has still not incorporated into domestic law the crime of torture as defined in article 1
of the Convention (arts. 1 and 4).
The Committee reiterates its previous recommendation (A/54/44, para. 50 (a) and CAT/C/AUT/CO/3, para. 6) that the State party should
proceed to incorporate into domestic law the crime of torture and adopt a definition of torture that covers all the elements contained in
article 1 of the Convention. The State party should also ensure that these offences are punishable by appropriate penalties which take into
account their grave nature, as set out in article 4, paragraph 2 of the Convention.
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Freedom In The World 2010 Report
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
The far-right Freedom Party made significant gains in the February 2009 provincial elections, largely at the expense of the Social
Democratic Party of Austria (SPO). Austria’s police were criticized for failing to act on warnings of expected violence following the
fatal shooting of a Sikh leader in an Austrian mosque in May. Meanwhile, parliament adopted legislation in December permitting civil
partnerships for same-sex couples.
New elections were held in September, with Werner Faymann leading the SPO. Support for the SPO fell to 29 percent, and the OVP’s
declined to 26 percent. The BZO and Freedom Party surged to 18 and 11 percent respectively, buoyed by antiforeigner sentiment,
skepticism toward the EU, and frustration with the squabbling grand coalition. Both major parties refused coalitions with the far right.
Shortly after the vote, Haider was killed in a car accident. In late 2008, the SPO and OVP revived their grand coalition, under Faymann
as chancellor with an OVP vice-chancellor.
The February 2009 provincial elections suggested a continued movement towards the right, with the SPO suffering dramatic losses. The
OVP retained power in Upper Austria and Vorarlberg, while the Freedom Party nearly doubled its presence in both regions, winning 25
percent of the vote in Vorarlberg as it absorbed support from the much-diminished BZO. However, the OVP again ruled out a coalition
with the Freedom Party.
In May, a Sikh religious leader visiting from India was fatally shot by rival Sikhs during a religious service in an Austrian mosque;
another 16 people were injured during the attacks and several suspects were arrested. The shootings triggered riots in northern India
among supporters of the slain cleric. Meanwhile, Austrian police were accused of failing to act on warnings that a rival Sikh temple had
threatened violence if the cleric proceeded with his visit as planned.
Members of the Hapsburg family, which ruled the Austro-Hungarian Empire until 1918, applied to the country’s Constitutional Court in
September for an end to a 90-year ban prohibiting them from running for Austria’s largely ceremonial presidency. In December, the
Constitutional Court ruled that the Hapsburgs could proceed with an appeal only after a family member had applied as a candidate and
been formally rejected.
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Document - Austria: Submission to the UN Universal Periodic Review: Tenth session of the UPR Working Group of the
Human Rights Council January 2011
12 July 2010
In this submission, Amnesty International provides information under sections B, C and D as stipulated in the General Guidelines for the
Preparation of Information under the Universal Periodic Review:1
*Under section B, Amnesty International raises concern about outstanding ratifications of key international and regional human rights
treaties, gaps in the constitutional and legal human rights framework, lack of implementation of UN treaty body recommendations and
existing reservations on the applicability of instruments already ratified.
*Section C highlights Amnesty International’s concerns over reports of ill-treatment, including the excessive use of force and firearms
by the police; racism and xenophobia; and the treatment of refugees and asylum-seekers.
*In section D, Amnesty International makes a number of recommendations for action by the government.
B. Normative and institutional framework of the State
International and regional human rights standards
Amnesty International welcomes the announcement by Austria of its intention to ratify the International Convention for the Protection of
All Persons from Enforced Disappearance. However, noting that no concrete steps have been taken towards that end and that no
timeframe has been set to put this plan into practice, the organization urges Austria to take prompt steps towards ratification and
implementation of the Convention.2
Similarly, Amnesty International regards the government's stated intention to prepare for ratification of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as an important step.3 However, the
organization notes that recent negotiations about the establishment of a National Preventive Mechanism have been held behind closed
doors and without civil society consultation, thus giving cause for concern that any such mechanism created on the basis of the current
proposals may fall short of the criteria required by the Optional Protocol to CAT, in particular with regard to its independence and
funding.
While welcoming the intensive dialogue on the ratification of the Optional Protocol to the Covenant on Economic, Social and Cultural
Rights, Amnesty International regrets that the ratification process currently appears to have stalled. Austria has also yet to ratify the
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
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Austria: Bring Killers of Chechen Exile to Justice
Man Who Fled to Vienna Had Accused Chechen President of Torture
January 15, 2009
The Austrian government should act swiftly to bring to justice those responsible for the killing of a Chechen man who had alleged he had
been tortured by Ramzan Kadyrov, who is now the Chechen president, Human Rights Watch, Amnesty International, and the Memorial
Human Rights Centre said today.
According to news reports, assailants shot and killed 27-year-old Umar Israilov on January 13, 2009, as he left a grocery store in
Vienna, where he lived in exile. Israilov had stated publicly that he had been tortured by Kadyrov and had filed a complaint with the
European Court of Human Rights (ECtHR) in 2006. Several days prior to the killing, Israilov complained to Austrian police authorities
that he was being followed by unknown individuals.
"We are deeply alarmed about what appears to be another politically motivated killing of a critic of high-level Russian government
officials," said Oleg Orlov, director of the Memorial Human Rights Centre. "In light of the brutal retaliation inflicted on those who speak
out on abuses in Chechnya, Israilov's actions were particularly courageous, and his killers and those behind them need to be promptly
held to account."
An article that appeared in the New York Times about the killing says that Israilov had been detained in 2003 as a rebel fighter, was
amnestied, and then briefly served as a bodyguard for Kadyrov. The article cites an interview with Israilov in which he said that during
his detention Kadyrov had tortured him, including using electric shocks. He was also quoted as saying that he had witnessed beating,
kicking, and other torture of detainees by Kadyrov and his subordinates. Israilov eventually fled to Austria, where he was granted asylum.
"We're familiar with the case, and find Israilov's torture allegations entirely credible," said Rachel Denber, director of Human Rights
Watch's Europe and Central Asia division. "Torture is a long-standing problem in Chechnya that the Russian authorities have failed to
stop, even in the face of credible evidence from victims like Umar Israilov."
Human Rights Watch and Amnesty International have documented persistent ill-treatment and torture in Chechnya by both Russian
federal forces and pro-Moscow Chechen forces under the effective command of Kadyrov.
"We have credible reports of people in Chechnya being threatened or killed for filing an application with the European Court of Human
Rights," said Nicola Duckworth, director of Amnesty International's Europe and Central Asia program. "We cannot exclude the
possibility that Umar Israilov was killed because he sought justice at the court."
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Spindelegger: “Global strengthening of human rights as a leitmotif of our candidacy for the UN Human Rights Council”
Austrian candidacy presented in Geneva
Vienna, 22 June 2010
“Our clear commitment to the effective implementation of human rights is at the core of our candidacy for the United Nations Human
Rights Council. As a member and a partner in the UN Human Rights Council, Austria wants to help contribute to the global strengthening
of human rights,” stated Foreign Minister Michael Spindelegger when Austria’s candidacy for the UN Human Rights Council was
presented by Austrian Ambassador Christian Strohal in Geneva. Foreign Minister Michael Spindelegger will officially present the contents
of Austria’s candidacy to the community of states in his speech before the UN General Assembly in September.
“The worldwide promotion of human rights has been a core concern of Austrian foreign policy for many years. Within the UN, Austria
is highly esteemed for its readiness to participate in open and transparent cooperation and dialogue. Since the establishment of the Human
Rights Council during Austria’s EU Presidency in 2006 Austria has always made an active and constructive contribution to the Council’s
work. We do not dread the clear and critical address of the human rights situation as it presents itself in some countries,” continued
Spindelegger. As a non-permanent member of the Security Council, Austria is also putting special emphasis on human rights concerns.
“Our first candidacy for a seat in the UN Human Rights Council is therefore a logical step,” stated the Foreign Minister. The projects
which Austria plans to implement as a member of the Human Rights Council reflect the traditional priorities of Austria’s human rights
policy: “Austria will particularly promote the strengthening of the rule of law and the rights of women, children and people with
disabilities,” affirmed Spindelegger. Another priority is the fight against torture. In this area Austria wants to set a positive example by
seeking ratification of the additional protocol to the UN Convention Against Torture.
The elections to the UN Human Rights Council will take place in May 2011 at the UN General Assembly in New York.
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International Edition of the Annual Report 2009
6. September 2010
Preface
Based on the Austrian Federal Constitution, the Austrian Ombudsman Board (Volksanwaltschaft) has independently and impartially
controlled national, state and municipal public administration since 1977. Once a year, its members submit a report to the National
Council and the Federal Council outlining the institution’s work, priorities and main findings throughout the past year.
The present volume is a short version of the annual report 2009 compiled in German and consists of a general section, which outlines
the activities of the three members of the Austrian Ombudsman Board. All key data, such as statistics on investigative proceedings and
the number of cases, can be found in this section. Section two gives an overview of the international activities of the institution, which
covers a broad range from the International Ombudsman Institute (I.O.I.) to EU twinning projects and bilateral contacts.
Since 2001, the Austrian Ombudsman Board has been putting a particular emphasis on human rights in its annual report. Therefore
section three of the report deals with legal problems relating to human rights, which the Austrian Ombudsman Board had to resolve in
2009 when assessing complaints about administrative malfunction and administrative offenses of legal provisions by public authorities.
Both the original report written in German and the English translation are available free of charge from the office of the Austrian
Ombudsman Board (Volksanwaltschaft) and can be downloaded from the institution’s website www.volksanw.gv.at .
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TRANSLATED FROM GERMAN BY GOOGLE TRANSLATE
2010/04
Recommendation to deal with so-called "police boilers
Recommendation No. 349:
(1) If a police collection of people in public spaces such change or seal off that these people can not leave voluntarily their whereabouts,
but this - sometimes, against identification performance, evidence of their identity, etc. - Can do only with the permission of police
officers ("Shell"), a situation arises regularly, can result from violations of rights of persons affected by the measure (in particular the
right to personal freedom). The Human Rights Advisory Board recommends of such action only in strict compliance with the
proportionality to exercise.
(2), the Human Rights Committee also recommends to so-called "boiler" following accompanying measures:
*as are in such a "boiler" persons are to be repeated and for all persons informed clearly audible on
- And why the police that prevents them from leaving their current residence;
- Whether, when, where and under what circumstances they can leave this place;
- What steps can set them to keep their stay as short as possible;
- Intends to put what further action the police. (Eg change of location)
For applications that require the formation of such a "boiler" seems possible or even probable, should the necessary technical equipment
(speakers be made available in adequate numbers and with appropriate scope).
*Once it becomes evident that a "boiler" also apparently unrelated third parties (tourists, customers of local shops, hotel guests, etc.)
are concerned that no one else even suspected violation of law, should all possible measures be taken to any event, these people to enable
an immediate exit from the "cauldron".
*The involuntary stay in such a "boiler" should be kept short.
*If the removal of such a "cauldron" of certain acts of the persons therein shall be subject to police (passport or similar service) to
ensure the greatest possible number of officials that such actions can be undertaken as soon as possible.
(3) The above measures should be taken into account during the planning of major operations with.
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Heinz Fischer
President since 8 July 2004
Werner Faymann
Chancellor since 2 December 2008
None reported.