Right to life 94. With regard to that issue, members noted that Austria was considering ratification of the Second Optional Protocol aiming at the abolition of capital punishment. They also wished to know what rules and regulations governed the use of firearms by the police and security forces; whether the idea of homicide at the request of the victim included euthanasia practised by a doctor; whether suicide had been decriminalized; when it was planned to legalize abortions; and whether any steps had been taken to provide the population with a healthy environment by curbing pollution and by adopting measures against acquired immune deficiency syndrome (AIDS), cancer or tobacco-related diseases. 95. In his reply, the representative said that the use of firearms by the police and security forces was restricted by a 1969 law which provided that they could only be used when necessary to subdue an aggressive person after a warning had been issued and other means had failed. "Active" euthanasia was regarded as illegal and contrary to medical ethics. Attempted suicide had ceased to be an offence, but helping a person to commit suicide was still punishable. Termination of pregnancy during the first three months was not punishable by law. The Code of Criminal Procedure had been amended in 1987 with a view to imposing greater penalties for pollution-related offences, but discussion of that sensitive issue was still continuing. A system under which cases of AIDS were registered had been introduced and the principle of anonymity was strictly respected. Homosexual prostitution had also been decriminalized to enable the application of preventive measures and to fight AIDS more effectively. It was also planned to provide drug addicts with substitute products. Liberty and security of the person and treatment of prisoners and other detainees 96. With reference to that issue, members of the Committee wished to know whether there had been any allegations of violations of obligations under article 7 of the Covenant and whether statistics regarding ill-treatment of detainees were available. Noting that torture had been practised in Austria, members requested information on the measures that had been taken to prevent ill-treatment, on the competent investigative authorities and complaints procedures, and concerning the main problems faced by the prison commissions and how such problems had been addressed. It was also asked how Austrian law complied with articles 7 and 9, paragraph 3, of the Covenant; whether guidelines had been issued to the security forces; and what was the average length of pretrial detention. Members also inquired about the principles of the Austrian law of evidence, in particular whether confessions obtained through ill-treatment were admissible in evidence. 97. In addition, members wished to know whether there was any procedure providing for the review of compulsory confinement decisions; whether the European Committee for the Prevention of Torture had detected any cases of violations of the provisions of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; how soon after arrest a detainee was allowed to contact counsel; what were the powers and performance of prison commissions; and which authority was responsible for the systematic monitoring of the treatment of persons held in psychiatric -21-

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