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
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