A/HRC/42/42/Add.2
about the indefinite duration of their stay in the facility. Some had been in the centre for a
few days, some for several weeks and others for months. Some of the detainees were
clearly in need of psychosocial care and, although the centre had been heralded as a good
model of an open regime, with better conditions and treatment than other centres of the
same kind, the use of sanctions against detainees, the lack of contact with family and
lawyers and the possible use of solitary confinement were concerning. The Working Group
understood that a non-governmental organization was providing legal advice to the
detainees, but noted that some of them had complained that the legal support was
inadequate. Many detainees stated that Austria was not their destination, but merely a place
of transit in which they had been arrested and detained and were awaiting deportation, with
their ultimate destinations of choice being elsewhere in the region. Their main concern –
and source of anxiety – was to be freed from what they referred to as “prison” and to be
reunited with family members.
76.
The Working Group was concerned about the apparent age of some of the detainees,
as one particular individual appeared to be less than 18 years old. The delegation was
informed that the Federal Office for Immigration and Asylum was the responsible agency
that held information about the detainee, so it was difficult to confirm his age at the time of
the visit. Some of the detainees were young and were clearly seeking better opportunities to
make a living or were trying to get to relatives residing in other parts of Europe. Their
impending return to their country of origin or departure was causing some of them
significant distress, as they had escaped from severely impoverished situations and
countries that were destabilized by armed conflict. Some of the detainees who notified the
delegation of their countries of origin had come from the Gambia, Morocco, Nigeria and
Pakistan.
77.
While no significant complaints were expressed against G4S in Vordernberg, the
Working Group cautions against the expanded outsourcing of government functions to
private security companies and recommends that careful consideration be given to the
human rights implications of such practices.
2.
European Union regulations
78.
The European Union has played a critical role in promoting national and regional
controls over the provision and export of various military and security services. The
application of such controls to private military and security companies remains limited,
however. So far, there are no common regulations on private security or military companies
that are registered in the European Union or on the export of their services. At best, current
controls within the European Union can serve to illustrate the various mechanisms that
could be used to improve the regulation of the private security industry.
79.
The regulation of private security companies and the export of military and security
services remains very much a matter for individual European Union member States. So far,
no member State has passed specific laws controlling the provision of security services
abroad. Most member States have extensive regulations for the provision of private security
services within their borders. The prime mechanisms in this regard are the national
registration and licensing of private security companies and their personnel. The conditions
for obtaining licences – which, on average, need to be renewed every five years – vary
among member States. However, all member States require private security company
management and personnel to have a clear criminal record. Additional conditions include
the holding of sufficient liability insurance, the use of identification cards with the staff
member’s name and photograph and the wearing of approved uniforms that are not easily
confused with those of the police or armed forces. About 60 per cent of European Union
member States provide for the specific training of private security personnel and require
them to pass an examination.
14
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