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Austria
145. By letter dated 2 October 2002, the Special Rapporteur advised the
Government that he had been informed of measures taken by the United Nations
Mission in Kosovo (UNMIK) to waive the immunity from prosecution, enjoyed by all
UNMIK personnel under UNMIK Regulation 2000/476, in particular with respect to
an Austrian CIVPOL officer who had reportedly been suspected, along with two
members of the Kosovo Police Service (KPS), of torturing and ill-treating an ethnic
Albanian detainee. This Austrian police officer, who had reportedly been arrested on
26 February 2002 and subsequently placed in investigative detention, was allegedly
driven by Austrian officers across the border into Macedonia, from where he was
flown to Austria. Following an investigation by CIVPOL into the alleged ill-treatment
of the detainees and the Austrian police officer's exit from Kosovo, the case file was
said to have been passed to an international investigative judge, who formally indicted
the suspect. The Austrian Government was said to continue to refuse to extradite the
officer concerned to face the charges, despite an international arrest warrant.
Furthermore, the police officer was believed to be still working in the Austrian police
force.
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.