Universal Periodic Review

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:

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/).