STOISITS: ILLEGITIMATE IMPOSITION OF CUSTODY IN LOWER AUSTRIA

A worried co-worker of a migrants’ association contacted the Ombudsman Board with the following complaint: Mr. B. had told the organization recently that he had been taken into custody illegitimately. He had filed a complaint concerning him being taken into custody. The Independent Administrative Senate of Lower Austria accepted the complaint and ruled the custody illegitimate. However Mr. B. was not released from custody. On the contrary: the Baden District Administration decreed custody again without prior examination.

Mr. B. once again filed a complaint. Once again the Independent Administrative Senate of Lower Austria accepted the complaint and ruled that keeping Mr. B. in custody was illegitimate. Also Mr. B.’s constitutionally guaranteed right to personal freedom had been violated.

According to Ombudswoman Stoisits the complaint concerning the illegitimate imposition of custody was justified. The Minister of the Interior was informed.

In her statement the Federal Minister confirmed the incidents linked to the arrest and release of Mr. B. and explained that in both cases the imposition of custody had been illegitimate.

In further consequence the responsible executive officer was accordingly informed, sensibilized and thoroughly adverted to the prevalent judicature by the Security Administration for Lower Austria.