Amnesty International Report 2015/16 - Austria
| Publisher | Amnesty International |
| Publication Date | 24 February 2016 |
| Cite as | Amnesty International, Amnesty International Report 2015/16 - Austria, 24 February 2016, available at: https://www.refworld.org/docid/56d05b7615.html [accessed 25 May 2023] |
| Disclaimer | 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. |
Republic of Austria
Head of state: Heinz Fischer
Head of government: Werner Faymann
Over 85,000 people sought asylum in the country by the end of November – a remarkable increase on previous years. Thousands of asylum-seekers in the reception centre of Traiskirchen were left to sleep in inadequate facilities, with poor medical care and a lack of protection for unaccompanied minors. The government took insufficient steps to address ill-treatment and neglect in the penal and preventive detention systems. The authorities' failure to respond adequately to reports of ill-treatment by the police persisted. Gaps in the Anti-Discrimination law remained.
REFUGEES, ASYLUM-SEEKERS AND MIGRANTS
Tens of thousands of refugees, asylum-seekers and migrants entered Austria during the year, the majority of whom then travelled to Germany. In one weekend in September, more than 15,000 refugees and migrants entered Austria from Hungary. As of the end of November, approximately 85,500 people had requested asylum in Austria in 2015, compared with 23,861 in the same period in 2014.
The authorities struggled to offer adequate reception conditions. By mid-August, over 4,000 asylum-seekers were hosted in the reception centre of Traiskirchen in extremely poor conditions, with over 2,000, including children, sleeping outdoors. Access to medical care was insufficient. Many unaccompanied minors were left without protection. In October, a constitutional law came into force, expanding the government's powers and allowing it to identify sites to host asylum-seekers should provincial authorities fail to do so in a timely manner. Amendments to the asylum law, which were proposed by the government in November to introduce temporary asylum and limit family reunification, were pending at the end of the year.
The length of the asylum procedure, often lasting several years, remained a problem.
PRISON CONDITIONS
The authorities failed to promptly and effectively respond to cases of ill-treatment and neglect of detainees in penal and preventive detention systems. Medical and mental health care remained inadequate. In March, criminal proceedings were dropped against staff for the prolonged neglect in Stein prison of a 74-year-old man. Related disciplinary proceedings were dropped in June. A taskforce on preventive detention established in 2014 by the Minister of Justice published its report in January, recommending measures to address the growing number of people in preventive detention, and its increasing length and frequent imposition for minor offences.
In July, the European Court of Human Rights found that a 16-month delay in dealing with an application for release from a psychiatric institution submitted by a convicted offender in May 2006 constituted a violation of the right to liberty.
POLICE AND SECURITY FORCES
There were reports that police used excessive force on several occasions. Victims of torture and other ill-treatment continued to experience difficulties in obtaining justice and reparation. Complaints of ill-treatment by the police were often followed by an inadequate response by both the police and the judicial system.
The government continued to refuse to create a compulsory identification system for police officers.
DISCRIMINATION
Following a ruling by the Constitutional Court in December 2014, legislation banning same-sex couples from adopting children other than each other's biological children, ceased to be in force at the end of the year. In February, new legislation was enacted to allow women in a same-sex relationship to access reproductive medicine.
Discriminatory differences remained between marriage and registered partnerships regarding the minimum age, naming rights and separation, among others. Marriage remained exclusively reserved for heterosexual partners, and registered partnerships for same-sex couples.
The government failed to amend the Anti-Discrimination Law to ensure equal protection against all forms of discrimination in the access to goods and services – including on the basis of religion and belief, age and sexual orientation.
COUNTER-TERROR AND SECURITY
In March, a Police State Protection bill was proposed, expanding the powers of the Federal Office for the Protection of the Constitution and the Fight against Terrorism, without adequate oversight by independent authorities. The adoption of the bill was pending at the end of the year.
