Concern about Breach of Human Rights in Austria

Open Letter to Mr. José Manuel Barroso, President of the European Commission

Copies to:
Federal Chancellor Dr. Alfred Gusenbauer
Federal President Dr. Heinz Fischer
Minister for the Interior Dr. Maria Fekter
Minister for Justice Dr. Maria Berger

AUSTRIA SOLIDARITY –
AN INTERNATIONAL GROUP OF ORGANISATIONS AND INDIVIDUALS CONCERNED ABOUT HUMAN RIGHTS IN AUSTRIA
info@austriasolidarity.com

18 July 2008

Concern about Breach of Human Rights in Austria

In early morning of May 21st last, various apartments and offices were raided by masked Austrian police pointing guns at bewildered people. Computers and documents of some NGOs were seized, severely hampering or even paralyzing their future activities.

Ten Austrian citizens were arrested under the accusation of being members of what – under Article 278a of the Austrian Criminal Code - is deemed to be a "criminal organisation". So far no detailed charges have been brought against the detainees, no interviews have taken place and they and their lawyers are still being refused access to much of the alleged evidence against them.

Article 278 was enacted in 2002 to counteract drug smuggling, human trafficking and other such forms of serious organised crime. Yet, it is now being used for the detention of ten people against whom no such allegations have ever been made.

All in all, this raises some disturbing questions:

1. Since - after almost two months of poring through documents and computer discs - no real evidence has been produced by the prosecution to link the ten to any punishable activities, how can it still be argued that there is a case to answer warranting continued imprisonment?

2. Why is Article 278a, which was designed to fight far more serious crimes, being used in this instance?

3. Is it possible that the authorities are utilizing Article 278a because of the exceptionally long detention periods allowed under it as a means of keeping these activists locked up for as long as possible?

4. Did the fact that in the last few years in Austria, non-violent animal rights campaigners have - using strictly legal means - been winning increasing support in Austrian society and have scored some notable court victories in their fight against cruelty to animals lead to this shockingly harsh treatment?

5. The European Convention on Human Rights (Article 5) insists on the prisoners’ "detention [...] on reasonable suspicion of having committed an offence" and on his/her being "entitled to trial within a reasonable time". Can anyone claim that the spirit of this article is being adhered to in this case?

There is serious and growing concern about the way in which in Austria the human right to freedom of expression is undermined whilst at the same time legal activities of non-governmental organizations are being choked.

Austria as member of the European Union has to respect European values; it must be prevented from eroding fundamental liberties.

Therefore, we urge the European Commission to take a position on this problem, in order to help solve it soon and restore the confidence of European citizens in a Europe where freedom of speech and trust in the highest institutions are fundamental values which cannot be deemed superfluous.

ENDORSEMENTS BY POLITICIANS

Dr Caroline Lucas, Green Party MEP for SE England
(www.carolinelucasmep.org.uk)

Jean Lambert, MEP London, Green Party
(http://www.jeanlambertmep.org.uk/)

Jens Holm, MEP Left Party, Sweden
(www.jensholm.se)

Endorsements by organisations

Endorsements by individuals

Source: AUSTRIA SOLIDARITY

Link: Open Letter to Mr. José Manuel Barroso, President of the European Commission


Other EVANA-articles about this topic:
Inquiétude concernant une violation des droits humains en Autriche (fr)
Preoccupazioni sul mancato rispetto dei diritti umani in Austria (it)
Preocupação com a violação de Direitos Humanos na Áustria (pt)
Áustria: Prisão de activistas dos Direitos dos Animais (pt)