Austria: asylum policies criticised
01 November 1993
Amnesty International has strongly criticised the Austrian government's refugee policies and its failure to observe international conventions. The group centres its criticism on the application of the new law affecting asylum-seekers introduced on 1 June and the application non-application of "non- refoulement". The principle of "non-refoulement" is contained in the Geneva Convention on Refugees, the European Convention on Human Rights and the Austrian law on alien citizens (see Statewatch vol 3 nos 4 & 5). It is intended to prevent anyone from being turned back at the Austrian border and guarantees an asylum-seeker legal entry to Austria and protection from deportation while their case is being considered.
The Amnesty reports says that Austrian border patrol (border police) usually turn back refugees without any regard to "non- refoulement", which they are not trained or qualified to judge. Many refugees are taken into police custody and papers prepared for their deportation. Those whose applications are rejected by the Federal Asylum Office find they are deported on the grounds of the negative decision again without reference by the police to the principle of "non-refoulement". This policy has lead to the deportation of Kurdish refugees from Turkey, Albanians from Kosovo, and refugees and deserters from the former Yugoslavia. The Austrian authorities argue that every neighbouring state is a "safe third country" to which a refugee can be returned even if their only contact with this country was a few hours rest in airport transit. Decisions by the Federal Asylum Office "are mainly made up of prefabricated text-blacks that are supplied by the Austrian Interior Department. They do not reflect the individual story.." Amnesty says that decisions to deport often do not take account of the individual's right to exercise political and civil liberties in their own country.
In the case of a Tunisian citizen the authorities stated:
"The convictions and prison terms were imposed due to your membership of the Al Nahda organisation which is illegal in Tunisia...You did not flee from your trial although you were detained and tortured...Since you are a member of this illegal organisation it is the legitimate right of your country to determine your role in this organisation and - in a procedure before a court of law - impose a prison term on you".
Amnesty International Vienna 11.11.93.