Covering events from January - December 2004

There were concerns that the new Asylum Law, which entered into force on 1 May, could increase the risk of refugees being sent to "safe third countries" from which they could be returned to countries where they could face human rights violations. Allegations of police brutality resulting in serious injury continued to be received. At least one person died in custody in disputed circumstances. Two human rights lawyers were harassed and criminal proceedings were initiated against them, apparently because of their human rights work.

Refugees and asylum-seekers

On 15 October, the Constitutional Court declared three articles of the 2004 Asylum Law unconstitutional. One article allowed asylum-seekers to be deported before a decision had been taken on their appeal. The second limited the possibility of presenting new evidence during a hearing, and the third allowed detention to be prolonged if an application was resubmitted.

There were continuing concerns about asylum-seekers' lack of access to translators during medical examinations which failed to offer proper care. It was unclear who under the new asylum law had responsibility for the representation of unaccompanied minors seeking asylum.

There were reports of ill-treatment of asylum-seekers held in refugee camps. There were concerns that mechanisms had not been put in place to ensure proper monitoring and accountability regarding facilities housing asylum-seekers; day-to-day responsibility for such facilities had been outsourced to private companies in 2003.

  • A Georgian asylum-seeker in the Traiskirchen Refugee Camp was allegedly ill-treated in February when he refused to leave the camp during asylum procedures. According to reports, he was wrestled to the ground by officials and had cigarettes stubbed out on his shoulder.

Allegations of police ill-treatment and harassment

  • A young man was reportedly beaten by police officers in August at a garden party in Vienna. Despite severe injuries, the police refused to allow an ambulance to be called and detained him without charge overnight. A hospital examination the following day revealed that he was suffering from a fractured skull and a cerebral haemorrhage. After the young man submitted a complaint to the Independent Administrative Tribunal, counter-charges were brought against him of resisting state authority and causing grievous bodily harm.
  • In October, two human rights lawyers, Georg Bürstmayr and Nadja Lorenz, were charged with trafficking in human beings and incitement to break the law. However, the charges were withdrawn within days because of lack of evidence. At the time the charges were laid by officials of the Ministry of the Interior, Georg Bürstmayr was about to be re-appointed as head of the Commission of the Human Rights Advisory Board. The Minister of the Interior opposed the appointment, but gave no reasons for his objections. Following widespread protests, Georg Bürstmayr was reappointed.

Death in custody

  • On 29 January the Independent Administrative Tribunal issued its conclusions concerning the death of Cheibani Wague, from Mauritania, during a police operation in the Vienna City Park in July 2003. Police had been called to Cheibani Wague's workplace following a dispute between him and a colleague. Video footage of the incident showed six police and medical officials surrounding Cheibani Wague as he lay handcuffed, face-down on the ground, apparently unconscious. An autopsy indicated lack of oxygen to the brain and irreversible failure of the circulatory system as the causes of death. The Tribunal established that the methods used to immobilize Cheibani Wague could have caused his death.The police officers involved in the incident had not been suspended during the investigation and no one had been charged in connection with Cheibani Wague's death by the end of 2004.

Extradition of asylum-seekers

There was continuing concern at the lack of monitoring by the Austrian authorities to ensure that guarantees given prior to extradition were in fact adhered to by the receiving government. The willingness of the Austrian authorities to consider extradition requests before applications for asylum had been properly processed was also a cause of concern.

  • In February, Akhmet A., a Russian citizen, was extradited to Russia, despite pending asylum determination procedures. There were concerns that the investigation by the Austrian authorities into the offences he allegedly committed in Russia – which were the basis of the extradition request – was inadequate. There were reports that Akhmet A. may have been ill-treated in pre-trial detention by Russian law enforcement officers following his return to Russia.

Unequal age of consent

Austria refused to provide compensation and rehabilitation to all those convicted in previous years under an article of the Penal Code which discriminated against gay men by setting a higher age of consent than that set for heterosexuals and lesbians; the article had been repealed in 2002. The European Court of Human Rights had ruled on numerous occasions that convictions under this article were in breach of human rights law – namely the prohibition of discrimination and the right to respect for private life – and had ordered the Austrian government to pay compensation in a number of cases.

Disclaimer: © Copyright Amnesty International

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.