Mitglied werden

Universal Periodic Review

« zurück

This UPR tool reflects the global recommendations made to Austria by all countries world-wide during the Universial Priodic Review process (UPR) at the UN Human Rights Council and their current status of implementation. The League coordinates a significant part of Austrian civil society in the UPR process. 

The recommendations can be filtered in the menu below by human rights topics, SDGs, proponent states etc. also a search function is available. 

 

We welcome your comments and suggestions at upr@liga.or.at.

Search category
Filter options
Filter by tag…

Reset

Progress: In progress

Establish an independent mechanism to investigate cases of ill-treatment and excessive use of force by law enforcement officials

Proponent:

Bahamas


Commonwealth of the Bahamas

Bahamas


Commonwealth of the Bahamas

Remarks to progress by Liga (last modified Nov 7, 2023):

Im März 2023 wurde der Vorschlag zur Änderung des Gesetzes über das Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung präsentiert, welches im Juli 2023 vom Parlament beschlossen wurde (BGBl. I Nr. 107/2023). Dieser Vorschlag beinhaltet die Etablierung einer Ermittlungs- und Beschwerdestelle (EBS) für Misshandlungsvorwürfe durch die Polizei (Siehe: hier). Diese soll als eine eigene Organisationseinheit im Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung angesiedelt sein. Die EBS soll interdisziplinär und multiprofessionell besetzt werden. Ebenso beinhaltet der Vorschlag die Einrichtung eines unabhängigen Beirats als qualitätssicherndes Beratungsgremium.

Grundsätzlich ist zu begrüßen, dass eine EBS eingerichtet werden soll. Ebenso zu begrüßen ist die Einrichtung eines Beirats als qualitätssicherndes Beratungsgremium sowie der Umstand, dass die EBS interdisziplinär und multiprofessionell besetzt werden soll. Allerdings wird, laut Stellungnahmen von zivilgesellschaftlichen Organisationen und der Wissenschaft, die Unabhängigkeit der EBS in diesem Gesetzesentwurf nicht als gegeben angesehen. Grund dafür ist, dass die Stelle im BAK angesiedelt sein wird, einer Einrichtung des Bundesministeriums für Inneres, welches – genauso wie die Polizei selbst – dem/ Bundesminister*in für Inneres weisungsunterworfen ist (siehe Stellungnahme: hier). Die Forderungen nach einer – völkerrechtlich gebotenen – unabhängigen Ermittlungs- und Beschwerdestelle werden mit diesem Entwurf nicht erfüllt (siehe zB Stellungnahme von Amnesty International: hier).

Progress: In progress

End excessive use of force, torture, ill-treatment by law enforcement agents

Proponent:

Venezuela


Bolivarian Republic of Venezuela

Venezuela


Bolivarian Republic of Venezuela

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.  

Progress: In progress

Take further action against the use of force by the police

Proponent:

Bahrain


Kingdom of Bahrain

Bahrain


Kingdom of Bahrain

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

As the issue of police violence has recently come into focus in Austria, a proposal to amend the law on the Federal Office for the Prevention of and Fight against Corruption was presented in March 2023 and adopted by the Austrian Parliament in July 2023 (BGBl. I No. 107/2023). Amnesty International has called for the introduction of an identification requirement for police officers to enable effective investigations into police violence (Amnesty International report: https://www.amnesty.at/presse/amnesty-international-fordert-kennzeichnungspflicht-bei-polizei/). A further step was the presentation of the project „Police under National Socialism“ to reappraise the history of the police (1938-1945) (see project presentation „Police under National Socialism“: https://bmi.gv.at/news.aspx?id=315779304A4F57543645673D). These events illustrate the relevance and the discussion surrounding the topic of police violence in Austria. 

Progress: In progress

Improve law enforcement practice to investigate cases of torture, ill-treatment and other police misconduct

Proponent:

Belarus


Republic of Belarus

Belarus


Republic of Belarus

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

As the issue of police violence has recently come into focus in Austria, a proposal to amend the law on the Federal Office for the Prevention of and Fight against Corruption was presented in March 2023 and adopted by the Austrian Parliament in July 2023 (BGBl. I No. 107/2023). Amnesty International has called for the introduction of an identification requirement for police officers to enable effective investigations into police violence (Amnesty International report: https://www.amnesty.at/presse/amnesty-international-fordert-kennzeichnungspflicht-bei-polizei/). A further step was the presentation of the project „Police under National Socialism“ to reappraise the history of the police (1938-1945) (see project presentation „Police under National Socialism“: https://bmi.gv.at/news.aspx?id=315779304A4F57543645673D). These events illustrate the relevance and the discussion surrounding the topic of police violence in Austria. 

Progress: In progress

Establish an independent and effective mechanism to address allegations of misconduct and excess use of force by law enforcement officers

Proponent:

Canada


Canada

Canada


Canada

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.  

Progress: In progress

Swiftly move forward with plans for the establishment of a strong independent police complaints authority

Proponent:

Denmark


Kingdom of Denmark

Denmark


Kingdom of Denmark

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Take measures to address allegations of excessive use of force and ill-treatment by police through the establishment of an independent and effective investigations and complaints mechanism

Proponent:

Ghana


Republic of Ghana

Ghana


Republic of Ghana

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Establish an independent and effective investigation mechanism to address allegations of torture, ill treatment and other forms of abuse by police forces and others

Proponent:

Iran


Islamic Republic of Iran

Iran


Islamic Republic of Iran

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Continue its efforts on the national investigation and complaints body for cases of alleged police misconduct, and to integrate human rights and anti-discrimination norms into police training courses

Proponent:

Australia


Australia

Australia


Australia

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

The current status in Austria shows that progress continues to be made with regard to the establishment of a state investigation and complaints office for cases of alleged police misconduct. There are ongoing discussions and recommendations to establish and effectively utilise this body. At the same time, it is emphasised that it is important to promote the integration of human rights and anti-discrimination norms into police training in order to strengthen respect for human rights and combat discrimination. In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Continue working on the program to establish a national body to investigate and examine complaints related to unlawful acts of the police

Proponent:

Russia


Russian Federation

Russia


Russian Federation

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Cease torture and inhuman or degrading treatment in places of detention and ensure that those allegations are investigated impartially and perpetrators are prosecuted and convicted

Proponent:

North Korea


Democratic People's Republic of Korea

North Korea


Democratic People's Republic of Korea

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

Individual legal protection in prisons is primarily regulated by the Prison Act. Legal protection in the event of restrictions of liberty outside of prisons is guaranteed in particular by the Accommodation Act and the Residential Homes Act. There are no plans to further strengthen individual legal protection. There is insufficient data on the practical exercise of legal protection.   A practical problem with allegations of ill-treatment and torture is necessarily that accusations are often difficult to prove and that witness testimony is often unreliable. There is also a need for greater awareness and training of prison staff to ensure that human rights standards are met in practice. The training regulations have not been modernised for some time and further training in the area of human dignity and human rights is only optional.  In addition, however, a review of the conditions in all forms of deprivation of liberty, not only of state but also private operators, is carried out by the relevant commissions of the Ombudsman Board in accordance with the OPCAT (Review of the conditions of deprivation of liberty by the Ombudsman Board in accordance with OPCAT: https://volksanwaltschaft.gv.at/artikel/opcat-umfassendes-menschenrechtsmonitoring-durch-die-volksanwaltschaft ). Anonymised individual cases are published according to annual review priorities agreed with the Human Rights Advisory Council (see Website of the Austrian Ombudsman Board: Preventive human rights monitoring). It would also be desirable if even better-prepared statistical data were available, in particular on abuses in the area of criminal detention and police detention.  Even though a separate investigation and complaints office for cases of abuse and torture has now been set up for police activities (see Gesetz über das Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung, Änderung (2089 d.B.)), there is no comparable body for the activities of judicial police officers. It would be necessary under fundamental rights to establish a genuine organisationally separate and independent complaints office with low access barriers for all bodies whose employees exercise direct command and coercive power. Individual legal protection in prisons is primarily regulated by the Prison Act. Legal protection in the event of restrictions of liberty outside of prisons is guaranteed in particular by the Accommodation Act and the Residential Homes Act. There are no plans to further strengthen individual legal protection. There is insufficient data on the practical exercise of legal protection.   A practical problem with allegations of ill-treatment is necessarily that accusations are often difficult to prove and that witness statements are often unreliable. There is also a need for greater awareness and training of prison staff to ensure that human rights standards are met in practice. The training regulations have not been modernised for some time and further training in the area of human dignity and human rights is only optional.   In addition, however, a review of the conditions in all forms of deprivation of liberty, not only of state but also private operators, is carried out by the relevant commissions of the Ombudsman’s Office in accordance with the OPCAT (more details Article: Comprehensive human rights monitoring by the Austrian Ombudsman Board). Anonymised individual cases are published according to annual review priorities agreed with the Human Rights Advisory Council (see Website of the Austrian Ombudsman Board). It would also be desirable if even better-prepared statistical data were available, in particular on abuses in the area of criminal detention and police detention.   Even though a separate investigation and complaints office for cases of abuse has now been set up for the activities of the police (see Government bill: Federal (constitutional) law), there is no comparable office for the activities of prison officers. It would be constitutionally required to establish a genuine organisationally separate and independent complaints office with low access hurdles for all bodies whose employees exercise direct command and coercive power;

Progress: No progress

Amend the legal definition of rape in the criminal code to be based on lack of consent. Additionally, provide support and assistance to victims of rape, including bringing the rate of prosecutions and convictions of rape and sexual violence in conformity with the rise in reporting of such cases

Proponent:

Marshall Islands


Republic of Marshall Islands

Marshall Islands


Republic of Marshall Islands

Remarks to progress by Liga (last modified Apr 1, 2025):

The offence of rape in Austria is defined in Section 201 of the Austrian Criminal Code. This paragraph stipulates that a person who compels another person by force, deprivation of liberty or threat of imminent danger to life or limb to perform or tolerate sexual acts, in particular sexual intercourse or similar sexual acts, is punishable by a prison sentence of two to ten years (see RIS Criminal Code § 201 StGB : https://www.ris.bka.gv.at/eli/bgbl/1974/60/P201/NOR40217855). It should be emphasised that the absence of consent is already a fundamental characteristic of the offence of rape. The wording in the law refers to the victim’s predicament and the violation of her sexual self-determination. The consent of the victim is therefore of crucial importance, and the absence of this consent is already stipulated in the law.   It is crucial to provide rape victims with both criminal justice support and resources to deal with this traumatic situation. This includes the need to revise the offence of rape in the Criminal Code by establishing lack of consent as a fundamental element of the offence. In addition, it is necessary to ensure that as the number of reported cases of rape and sexual violence increases, the proportion of prosecutions and convictions increases appropriately. To ensure that every victim has access to protection and support, increased investment and better coordination between the relevant authorities and non-governmental organisations is required.   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Ensure an independent investigative body for cases of police abuse and adequate treatment of cases of abuse

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

{unabhängige Mechanismen-Allgemein}

Redaktionelle Verantwortung UPR-Tool:

Österreichische Liga für Menschenrechte, upr@liga.or.at

Lizenz CC-BY-SA 

Unterstützung durch:

Forschungskooperation mit der Volksanwaltschaft

Förderung des Zukunftsfonds der Republik Österreich

 

Website by OmanBros.com

© 2022 Österreichische Liga für Menschenrechte

Impressum   Datenschutz
Mitglied werden
Receive the latest news

Abonnieren Sie unseren Newsletter