A/HRC/42/42/Add.2
define their permitted and prohibited activities, including the use of force. This would also
help in setting out a list of arms and the conditions in which they can be used. Furthermore,
there is a need to strengthen oversight over such companies by regularizing inspections of
company activities. Importantly, there is a need to strengthen accountability and the
frameworks for remedies in cases where private security company personnel commit
criminal offences and human rights abuses. Private security companies are growing in size
and power in the international arena, and they have been known to commit human rights
abuses around the world. Strong and centralized regulation is therefore essential.
1.
Vordernberg
69.
The Vordernberg immigration detention centre, which is located in the remote
village of that name in Styria (approximately 70 km north-west of Graz), was opened on 1
March 2014. The centre is jointly operated by the Ministry of the Interior, the municipality
of Vordernberg, the private security company G4S and a company called Humanocare. The
centre is an impressive modern facility and accommodates undocumented foreign nationals
who have been apprehended from various parts of Austria. The detention centre has an
official capacity of 193 detainees in pre-removal detention under an “open doors” regime
that runs from 7 a.m. to 9.30 p.m.
70.
The Vordernberg immigration facility is the only one of its kind in Austria, and G4S
was contracted to provide specific services to the detainees there. At the time of the
Working Group’s visit, the centre’s staff included 60 individuals from the Ministry of the
Interior, 55 from G4S and 15 from Humanocare.
71.
The Working Group notes that there are positive aspects of the arrangement between
the Government and G4S. Primary among these – and of particular importance to the
Working Group – is the fact that G4S is involved solely in administrative matters and
services to the detainees. The G4S staff do not have the same powers as the police officers
who guard the premises. Their tasks specifically involve providing the detainees with food,
monitoring the open-door regime, organizing cultural and sports activities, providing
technical support to the centre and arranging for interpreters. The company was not
permitted to use force when intervening with detainees, it was not involved in interviews,
and it did not impose any security measures.
72.
Many of the detainees who were interviewed indicated that they had good
relationships with G4S staff compared with police staff. The delegation witnessed this first
hand, and concluded that this can largely be linked to the specific functions required of G4S,
which do not involve making decisions with a significant negative impact on the detainees.
73.
The delegation noted some concerns raised by detainees. One of their prominent
complaints was that they were being billed a fee of €70 per day. The delegation learned that
articles 19 and 113 of the Aliens Police Act 2005 impose fees on detainees at all detention
centres, not just Vordernberg. Some of the bills that the delegation observed being paid by
detainees were in excess of €2,000. This system of charging detainees for their involuntary
detention is not only unusual but disregards the indigent state and already vulnerable and
difficult situation of detainees. The Working Group was informed that these charges would
be waived if the detainee could not pay them. If a detainee had sufficient funds on arrival,
however, the fees would be taken directly from his or her account. The delegation was
further informed that, if a detainee was deported and sought to re-enter Austria at a later
date, then the fee owing would have to be paid before re-entry could be granted.
74.
Detainees complained that the money they arrived with was taken from them, and
that they were not given a receipt or any information on whether they would eventually get
the money back. The authorities at the detention centre informed the delegation that these
funds were provided to detainees at the rate of €50 to €60 per week through a pre-paid card
that they could use at a kiosk at the centre.
75.
The delegation observed that, in general, detainees at the Vordernberg centre were
not aware of or were confused about how to direct their complaints to the authorities or to
G4S. Several of them said that their complaints were often dismissed and their concerns
were not taken seriously. Some said that they were threatened with reprisal if they persisted
in their complaints. They were not fully informed of their legal status and were anxious
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