Amendment Of The Rules Of Procedure Of The Human Rights Advisory Board (Mrb-Go)

Original Language Title: Änderung der Geschäftsordnung des Menschenrechtsbeirates (MRB-GO)

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250th regulation of the Federal Minister of the Interior, modifies the rules of procedure of the Human Rights Advisory Board (MRB-GO)

On the basis of § 15c para 6 of the Security Police Act (SPG), Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 33/2011, is prescribed:

The rules of procedure of the Human Rights Advisory Board (MRB-GO), Federal Law Gazette II No. 395/1999, article I, as last amended by Federal Law Gazette II No. 398/2007, is amended as follows:

1. paragraph 10 para 3:

"Decisions on issues that either require no previous advice or require a urgent resolution by the Human Rights Advisory Board and its convening not in a timely manner, it can be done can be achieved also in writing or electronic. A decision of surgically induced in this way is to include qualified majority of three quarters of the electorate."

2. in article 15 the following sentence b paragraph 4 is added:

"Section applies to the position of the Secretariat 15c."

3. § 16 and heading is as follows:

"Visits and reports by committees

(1) the visits of the commissions are made both routinely and extensively, on the other hand due to circumstances become known; they do not need to be announced. At the end of each visit to a final interview takes place with the head of the visited unit, within the framework of the Commission informally recommendations can make, to enable a rapid and non-bureaucratic any identified deficiencies. In the event of his unavailability the final interview with one of the line is representative.

(2) the commissions report on each successful visit the Advisory Board. The reports have visited services anyway, to contain the collected facts and deemed them necessary measures and recommendations, as well as the result of the final interview.

(3) at the latest with the delivery of the report to the Advisory Council, the commissions make the parts of the single report which parent Security Directorate immediately available, the measures in this context deemed necessary by the documentation of the structural deficiencies collected when you visit and which serve the visited site. The Security Directorate may issue an opinion to do so within four weeks. This any opinion is to set the reporting Commission and informed the Advisory Committee and to include in the quarterly report of the Commission to the Council.

(4) the commissions reimburse urgent reports, if necessary, the Advisory Board. These enable the urgent treatment by the Advisory Committee in individual cases, when visiting a structures are found, which have led to a serious violation of human rights or immediately fear such a. In the case of an urgent report, the parts of the report submitted in accordance with paragraph 3 are especially to mark. If seven days period to any comment on the Security Directorate in accordance with paragraph 3. A timely full statement is not possible, the Department of security can submit a short statement to the Commission and submit the full statement within three weeks from the referral in accordance with paragraph 3 to the Commission and the Human Rights Advisory Board."

4. in article 17 the following sentence is added:

"This has also the reactions carried out on the basis of recommendations and suggestions of the Advisory Board, as well as reports of the commissions, the security authorities to contain."

5. § 20 the following paragraph 3 is added:

"(3) § 10 para 3, 15B paragraph 4, 16 and 17 as amended the regulation BGBl. II Nr 250/2011 enter into force with August 15, 2011."

Mikl-Leitner