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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250. Regulation of the Federal Minister for the Interior, which changes the Rules of Procedure of the Human Rights Advisory Council (MRB-GO)

Due to § 15c (6) of the Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 33/2011, shall be arranged:

The Rules of Procedure of the Human Rights Advisory Council (MRB-GO), BGBl. II No 395/1999, Art. I, as last amended by BGBl. II No 398/2007, shall be amended as follows:

1. § 10 (3) reads:

" Decisions on matters which either require no prior consultation or which require urgent decision-making by the Human Rights Advisory Council and whose convening cannot be carried out in a timely way can also be applied to decisions on matters which are not subject to prior consultation. in writing or by electronic means. A decision taken in this way shall be taken by a qualified majority of three quarters of the eligible voters. "

2. In § 15b (4), the following sentence is added:

"§ 15c shall apply to the position of the staff of the Secretariat."

§ 16 together with the title is:

" Visits and reports by the Commissions

(1) The visits of the commissions are carried out routinely and nationwide, on the one hand, and on the other hand due to known circumstances; they do not need to be announced. At the end of each visit, a final interview will be held with the head of the visited department, within the framework of which the Commission may make informal recommendations to remedy any shortcomings identified as quickly and unbureaucratically. . In the event of its prevention, the final interview will take place with a person appointed with the management.

(2) The Commissions shall report to the Advisory Board on each visit made. In any event, the reports shall contain the services visited, the facts and the measures and recommendations which appear necessary to them, as well as the outcome of the final interview.

(3) By submitting the report to the Advisory Board at the latest, the Commission shall make the parts of the individual report directly available to the Office of the Security Directorate, which is responsible for the documentation of the visits made during the visit. structural deficiencies and the measures required in this context. The Security Directorate may take a position within four weeks. Such an opinion shall be addressed to the reporting Commission and to the Advisory Council, and shall be included in the Commission's quarterly report to the Advisory Council.

The Commission shall, if necessary, report emergency reports to the Advisory Council. In individual cases, these enable urgent treatment by the advisory board if structures are found during a visit, which have led to a serious violation of human rights or leave such a direct concern for such human rights. In the case of an emergency report, the report parts submitted in accordance with paragraph 3 shall be particularly marked. The time limit for the opinion of the Security Directorate pursuant to para. 3 shall be seven days. If a timely full opinion is not possible, the Security Directorate may submit a shortened opinion to the Commission and the full opinion shall be sent to the Commission within three weeks of referral to the Commission pursuant to paragraph 3 of this Directive. Commission and the Human Rights Advisory Council. "

4. In § 17 the following sentence is added:

"It also has to contain the reactions of the security authorities following recommendations and suggestions from the Advisory Council and reports of the Commissions."

(5) The following paragraph 3 is added to § 20:

" (3) § § 10 (3), 15b (4), (16) and (17) in the version of the BGBl Regulation. II No 250/2011 will enter into force on 15 August 2011. "

Mikl-Leitner