SFH-0602 / Amnesty International Report 2006 - Austria
Austria failed to comply with a ruling by the UN Human Rights Committee
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Amnesty International Report 2006 – Austria
Compliance with international human rights law
In violation of the requirement to ensure an effective remedy to people whose rights under the International Covenant on Civil and Political Rights (ICCPR) have been violated, the authorities refused to pay compensation to Paul Perterer, who was denied his right to a fair hearing when he was dismissed from the civil service. On 20 August 2004, the UN Human Rights Committee concluded that Austria had violated Paul Perterer's right to a fair hearing and recommended that the authorities ensure him an effective remedy, including compensation. Austria argued that neither the ICCPR (to which Austria is a state party) nor the views of the Human Rights Committee have any effect in domestic law. |
Ref.: TIGO IOR 40/2007.026
Mr Rafael Rivas Posada
Chairperson, Human Rights Committee
Office of the High Commissioner for Human Rights
U.N. Headquarters
New York, N.Y. 10017
USA
22 March 2007
Re: Pre-sessional meeting on Austria during the 89th session of the Human Rights Committee
Dear Mr Rivas Posada,
I am writing with a view to the adoption of the list of issues to be taken up in connection with
the consideration of Austria's fourth periodic report under Article 40 of the International Covenant on Civil and Political Rights (ICCPR) at one of the Human Rights Committee's future sessions.
The enclosed memorandum summarizes Amnesty International's main concerns about
Austria's implementation of the ICCPR – in particular in relation to the obligation of the state party to ensure the right to a remedy for violations of the ICCPR (Article 2), torture and other ill-treatment (Article 7), the treatment of persons deprived of their liberty (Article 10) as well as the right to equality before the law (Articles 2 and 26) and the right to respect of privacy (Article 17).
We hope this memorandum will be helpful to the members of the country report task force.
Yours sincerely
Nicola Duckworth
Director
Europe and Central Asia Programme
Memorandum on Amnesty International's concerns regarding the implementation of the International Covenant on Civil and Political Rights (ICCPR) by Austria
Right to remedy for violations of the ICCPR (Article 2)
Amnesty International continues to be concerned about the failure of the Austrian authorities to ensure respect for the obligation to ensure adequate redress for violations of the Covenant, including following the finding of a violation by the Committee in cases examined under the Optional Protocol. Various authorities continue to state that neither the ICCPR nor the views of the Human Rights Committee have direct effect in domestic law. Furthermore the federal authorities have repeatedly denied their competence to ensure redress for violations found by the Committee with the justification that the issues involved fell within the competence of the regional authorities.
At the same time it appears that regional authorities (Bundesländer) continue to deny their obligations to ensure respect for the Covenant and redress for violations of rights enshrined therein in respect of matters which fall within their competence, claiming that they are not a party to the Covenant and hence not bound by its provisions.
Case example
Paul Perterer: On 20 August 2004, the Human Rights Committee concluded that Paul Perterer was
denied his right to a fair hearing when he was dismissed from the civil service of the municipality
of Saalfelden in 1996. Having done so, the Committee thereupon reminded the authorities of their
obligation to ensure an effective remedy to Mr Perterer, including payment of adequate
compensation, as well as their duty to take measures to prevent similar violations in the future
(CCPR/C/81/D/1015/2001). Paul Perterer has yet to receive compensation.
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