Universal Periodic Review

Create a politically independent top management of the public prosecutor’s offices and full transparency in instructions

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

In Austria, there have been discussions for years about setting up an independent mechanism to investigate abuse and excessive use of force by law enforcement officers. Human rights organisations such as Amnesty International and the UN Committee against Torture criticise the fact that Austria does not have a truly independent mechanism for investigating police violence. So far, allegations have mostly been investigated internally or by the public prosecutor’s office, which is often considered insufficiently independent. In 2023, the Austrian government took steps to address this problem. Legislative initiatives have been discussed that provide for the establishment of an independent investigative body. These initiatives aim to increase independence and transparency in the investigation of allegations against law enforcement officials. The Austrian Minister of Justice and the Ministry of the Interior have agreed as part of the government’s work to present a draft for the establishment of such a mechanism. It is expected that this mechanism will be institutionally and operationally independent of the law enforcement authorities and the Ministry of the Interior.   Despite this progress, there are still concerns about the actual independence and effectiveness of the proposed mechanism. Critics argue that without sufficient powers and resources, the new mechanism will not be much more effective than the existing structures. It remains to be seen what the final legislative proposal will look like and whether it will be approved by parliament. Human rights groups and civil society organisations continue to push for swift and substantial reforms.