A/HRC/32/22
society, with a resulting positive impact on the effective enjoyment and better protection of
human rights of the population.
6.
Measures undertaken included the adoption of a law on ethics in the exercise of the
public function; instructions to strengthen the effectiveness of criminal investigations and
procedures, including the freezing, seizure and confiscation of proceeds of corruption; and
institutional measures to strengthen capacity and cooperation in specific areas such as
corruption in the security forces, asset recovery, economic investigations, financial analysis
and administrative investigations.
Austria
7.
The Government of Austria underlined the importance of specialized knowledge and
competence of judges and prosecutors in commercial and business law for effectively
combating corruption. Tailored training courses were offered to judges and prosecutors in
this regard. Human rights were also part of the judicial training.
8.
With regard to the protection of human rights while combating corruption, the
Government drew attention to the regulation of forfeiture of assets acquired for or through
the commission of an offence, notably to the grounds for exclusion from forfeiture with
regard to third persons and with regard to the person concerned if the objective could be
achieved by less intrusive means.
9.
It listed a number of human rights guarantees that applied in criminal prosecution of
corruption cases, including the principles of objectivity and truth seeking; legality and
proportionality; the right to a fair hearing; the need for expeditiousness; victim
participation; and the right to a public hearing.
10.
With regard to the protection of victims, the Government referred to the right of
victims not to testify and to give evidence anonymously. It also shared information on its
leniency programme and on an Internet-based anonymous system for reporting suspicions
of corruption.
11.
Austria’s national anti-corruption authority shared information on its efforts to
protect human rights in cases of reporting suspicions of corruption, cooperation with the
competent authorities and prevention of corruption. It noted that human rights violations
resulting from corruption-related offences could lead not only to criminal proceedings, but
could also be brought before the Constitutional Court. A human rights perspective on
corruption focused on the victim. Victims’ access to court in corruption cases, including
alleged human rights violations resulting from corruption, could be a powerful tool in
preventing corruption.
12.
Several national human rights mechanisms played an indirect role in combating
corruption in Austria. The Austrian Ombudsman Board, for example, could receive
complaints of alleged human rights violations. Alleged human rights violations caused by
corruption could also be raised with the national prevention mechanism.
13.
As part of its efforts to prevent corruption, the national anti-corruption authority
provided training and education, including information on the negative impact of corruption
on the enjoyment of human rights. The authority maintained contact and exchanged
information on the prevention of corruption and human rights with national human rights
institutions and civil society organizations. Austria was developing a network of integrity
officers to promote ethical, human rights-compliant behaviour in the public administration.
14.
Civil servants who reported in good faith well-founded suspicions of a criminal
offence were legally protected against discrimination by their employer. A reporting office
treated allegations of corruption and abuse of authority confidentially; reporting persons
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