article 14, paragraph 7, the representative explained that only in exceptional
cases, where new evidence was to be submitted, would a trial be reopened
following a final judgement. The Government could envisage withdrawing
Austria's reservations if the Committee or any other United Nations body could
provide the necessary assurances that Austrian practice was not inconsistent
with the Covenant.
Freedom of movement and expulsion of aliens
107. With regard to that issue, members of the Committee wished to receive
further information concerning the relevant judicial or administrative
procedures for appeal against a prohibition order and asked whether such an
appeal had suspensive effect. In addition, members wished to know whether
there were, in law or in practice, any restrictions on the right of a citizen
to establish his residence and domicile anywhere in Austria; what Austria's
policy was on immigration and the granting of asylum; how many people had
applied for refugee status or temporary status in Austria after fleeing
Yugoslavia; and what policy was envisaged in the latter regard in the future.
108. In reply, the representative said the substance of article 13 of the
Covenant had been incorporated into the Seventh Protocol to the European
Convention and consequently into Austria's Constitution. However, the
Protocol differed from the Covenant on the issue of whether an appeal against
expulsion order had suspensive effect. Whilst the Protocol acknowledged in
principle that there should be suspensive effect in cases of expulsion, some
exceptions were regarded as necessary in cases involving public order and for
reasons of national security. In those exceptional cases an alien might be
expelled before he could exercise his right to submit reasons against the
expulsion, to have his case reviewed and to be represented.
109. Regarding the freedom of movement, the representative confirmed that
Austrian nationals could move freely within the country. On the question of
asylum, Austria's policy was to grant asylum to political refugees under all
circumstances. For other refugees, the Government was trying to work out an
adequate policy. At present, if a refugee had passed through a country where
his security was guaranteed, he would be repatriated to that country. Only a
few requests for refugee status had been made by Slovenians and Croatians and
they had been granted.
Freedom of religion and expression; prohibition of propaganda for war and
incitement to national, racial or religious hatred
110. In connection with those issues, members wished to be informed of the
modalities applicable to conscientious objectors and the duration of the
alternative service required of them; how Jehovah's Witnesses, who objected fco
any kind of alternative service, were dealt with; which practices were not
considered as being consistent with public order or public morals; how the
right to seek information, envisaged in article 19, paragraph 2, of the
Covenant, was guaranteed; whether the application of article 111 of the
Criminal Code had given rise to any difficulties with regard to the
implementation of article 19 of the Covenant; and what limits were imposed by
Austrian law on the right to seek and impart information.
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