If you are alien in austria, you are obliged to carry a valid travelling document and obliged to proof your ability that you can pay your costs of living.Take at least four hundret ATS with you, to prove your ability to pay for your staying (to be out of money is a reason for sending back, EU-citizens as well).
Austria is part of Schengen, which means all the information one country has collected about you are known in all other Schengen countries.
Moreover you are obliged to register at the police, if you stay more than 3 days in austria.
Austria as deporting state has several instruments to prohibit a legal existance in austria.

More legal information about
REPULSION
DEPORTATION
EXPULSION
BAN FROM STAYING

DEMONSTRATIONS
PERSONALITY CHECK/IDENTITY CHECK
ARRESTS
HOUSE SEARCHS
SURVEILLANCE/MobilePhones/Databases

here.

Before the Demonstration

Things You Should Bring:
Coins and/or telephonecard for phonecalls, number of legal support (0043) 0676-77 46 657 (e.g. on your arm) a valid travelling document (ID-card, Passport with/without Visa, ask the austrian embassy what exactely you will need)).

Things You Should Better Leave At Home:
Adress - and notebooks, calenders, photos and suchlike. These things are plentyful material to try to target and criminalize others, in case of arrest. Erase the list of calls and masseges on your mobile phone. Think about a solution for your mobile phone adressbook, (e.g. practise to clear them quickly, or better erase them before).

Behaviour during the Demonstration
Come together with people you know well and you can rely on in case of emergency. Stay together and leave the demonstration together. In the case of loosing each other, arrange a time and place to meet after the demonstration, where everybody gets in touch relyable. That way you can check if someone is missing. It`s important that the flow of information inside the demonstration functions. This means that information about people being arrested or injured and similar reach everyone in the demonstration. ( e.g. through loudspeakervan). Be careful that no roumors go around. A demonstration is no party, the police is present. Therefore: no alcohol and other drugs. They may influence your reactions and perceptive faculties. That endangers yourself and others.

After the Demonstration
Even after the demonstration the police tries to arrest single persons, to avoid that: leave in groups and be careful if somebody is following you. Phone friends as soon as you are back without problems, so that they don`t miss you!

Police Activities
The state police (STAPO) proceeded so far: On the basis of photographs taken at the demonstration people are accused of crimes. In Austria photos, videos and audio recording are allowed as evidence in case of judgement. Beside that the police is collecting all datas for the Schengen Information System ( SIS ), which is an europeanwide datasystem all Schengen member police got access to. Or civil police starts a questioning/ interrogation camouflaged as conversation after the demonstration in bars or public transport.

Attention: no heroic epics! No incriminating material!
Important: you only have to react on sumonds reaching you in form of registered letters.
If officers visit you at home or at your place of work, first of all don`t say anything

- DO NOT TESTIFY ! In Austria you are only legal obliged to make statements on your person, which means name, date of birth, adress and show a valid travelling document, if you have no austrian citizenship. Even the lawyers chamber recommends to say no more. In the past police phoned people privatly or on their mobile phones:......: hang up immediately! Questionings have to be announced in forms of registered letters.

Police Activities;
Conversations spyed by civilpolice informers are used to constitutean indictment against someone.Statements of police informers are already used as evidence for charges. Be careful what you are talking about on demonstration. Don`t mentionnames of companeras. Even avoid nicknames! Don`t talk about others! Use affinity group codes! In hectical situations : DON`T PANIC

Disguise!

is not illegal, even civil and uniformed police officers desguise themselves. Nazis and STAPO are taking photos of political opposition for their archives.
Those archives are used to persecute political activists. Keep an eye on each other, and prevent panic during police attacks. Form chains with people you know well. Don`t run away, keep calm. Fugitives are a prefered targed.
Don`t go away if people are picked out of the crowd. Stop the demonstration. It is possible to get people out of police arrestment, if the demonstration is also lutely determined and stays together. If people are focused by police, take them in the middle of the demonstration. If you are focused yourself, move into the middle of the demonstration. (back)

Personality Check

Officers are obliged to tell you the reason of their official duty and in consequence tell their offfficialduty number, civil police has to show its badge.

If you don`t posses the austrian citizenship, You are always obliged to carry a valid travelling document which fies you. And be able to proof your ability to pay your costs of living.
( if you posses the austrian citizenship you have to show a identity card with a photo. Or a friend witnesses your identity by showing her/his. You are not obliged to wear an identiy card, but otherwise police can take you to the office to check your personality there.)

At personal check in the street one has to report the registered home address. Ask the officer for the reasons of being stopped and for the officer registration number! If someone checked all pockets must be emptied. Phone diaries can be confiscated so the police has access to your friends phone numbers and can check them.
Make sure if at all that other people are present and watch what is happening. Tell people near you who seem to sympathize your name, in case that you are taken into custody friends can be informed about what happened to you.
Note: Your handy is a phone diary!

Identity Check ?????????? IST DAS ALLES UND SO RICHTIG???

In case of - being accused a criminal offence
( main charges in austria at demonstrations are: „resistence against the state violence“, „property damage“, „breach of the peace“, „seriousely injury“ (attention : the gentle police here is automatically injured seriousely,even if it is a bruise))
- and in case of being handeled out a ban from staying, (see below) - as well as you are suspected to have a ban from staying under another name - or if there is the suspicion that another Schengen state is claiming your repulsion under another name, while you are trying to get a visa or residence permit for austria. They want to take your fingerprints, photos and DNA. ?????????????????????????????FREMDENRECHT,

In police custody and detention, you will probably have an ID- check which means your fingerprints and photos are taken. DNA taking is seldom known in relation with demonstrations but a most common procedure in relation with non-austrian-citizenshipowners (who apply for asylum).
The ID- check can be forced by compulsion. It is up to you how cooperative you are.............

Arrests(back)

You May Notice If people are arrested and it is not possible to prevent this, ask them for their
Name
Adress
Date of birth
And phone the legal support

In Case of Injuries

Never leave injured persons on their own. Surround them and, if the injury allows it, isolate them. Inform the first aid attendant. In case of ambulance transport, insist on having a person of confidence on board, (e.g. to call the legal support). Ask for a medical certificate reporting your condition.

Attention: the hospital has to report all injuries caused by others to the police.

If you explain that police has beaten you, this will produce a report against the police. The result normally is a counter-report against you. It is better to declaire in hospital „Fremdverschulden unbekannt“ - „ the injury was caused by somebody unknown“. In general it is better to mention only the things important for a diagnosis.
After talking to a lawyer or the legal support it is still possible to file a report / complaint against the police (e.g. UVS-Beschwerde, or private complaint).
If you got injured in detention: go by Taxi or ambulance directly to hospital, and ask for confirmation about your injuries a bill and confirmation about the way and time of transport . Take photos of the injuries.

In Case Of Your Arrest

Keep calm. Try to tell others who you are:
-Name
-Date of birth
- Adress (citizenship)
-Try to remember detail of you arrest.
You can try to ask for the reason of the arrest and ask for the officialduty number of the policeofficers.

Transportation

Be careful the walls have ears. Talk to others about your right and not about your accusation or what you have done. From now on it is important to refuse statements and ask for telephone calls. Exchange names and at least the year of birth with the other persons under arrest, so the ones who may telephone first or get released can inform the legal support.

In Detention

-Don`t sign anything! (You don`t have to)
-Refuse any testifies, you are always on the safer side, by doing this.
-Ask for a telefphone call (and everything else you may need).
-Ask for a person of your confidence who later calls the legal support or call the legal support on your own. Sometimes the officer is ringing for you.

Phonecall to the Legal Support

1. Who and where are you
2. Are there other people arrested? Names?
3. Is there anyone we should inform?

If your are released, inform the legal support and leave your report there.

Spend your time without having small talk with the officers. Try to keep calm and relax as far as possible.

Interrogation through Police,

In Police Detention

You have the right to be questioned in a language you understand (translation of spoken and written words).
At any interrogation by police you should only mention your personal details and say nothing else than „ I have got the right to refuse any statement! And I will use it!“ You have the right to refuse a statement in any situation by police! You should use it, because it is safer for you and others, and it is the best way to give no information to the police. You don`t say: „I don`t know this or that.“ „I have been there, but I did nothing“. Once you start talking, even if it seems trivial, they know you are talking, and they ask further questions.
You are in a situation of emergency but the police is doing its normal work.
What appears minor to you might be punishable by austrian law. everything you say can and will be used against you.
Testifies are used as the most important evidence in case of trial.
Be careful of various strategies of different types of police, e.g. promises, threats or cross-examinations (more than one officer likes to talk to you at the same time). Don`t react on promises like „If you say or sign this you will be released.“ It is simply not true. Even putative clear evidence should not lead to any testify from you. Only using testifies police can construct a written indictment! Even if they show you fotos, films or other „evidence“, don`t say anything: Many times it is difficult for police to suceed in case of trial.
To silence must not be a disadvantage for you in case of trial. ! !REMEMBER !! POLICE IS NOT THE RIGHT ADRESS FOR YOUR DEFENCE - YOUR DEFENCE WILL BE - IF NECESSARY AT ALL - WITH THE HELP OF A LAWYER OR THE LEGAL SUPPORT, IN A COURT !

Fear
is a normal reaction, you don`t have to be ashamed of it. Don`t let fear get you down !

Remember: this will pass by. A public prosecuter will decide if it`s worth accusing you and a judge, will declare your case worth starting a trial. IF it comes to a trial AT ALL depends on the public persecutor who has to ask for legal proceedings.( He won`t has to ask too long - the minister of injustice in austria is the former lawyer of the FPOE).
Therefore it makes no sense at all to talk to the police(wo)men. At the end of the questioning you get the record saying „ .... denies statement“. You don´t have to sign it. Smalltalk with the police in the hallways or anywhere else won`t be mentioned in the record, but may appear again as a memorandum in the case, or later be used, as e.g. a personal official perceptive, as part of the indictment against you.
It will be better to think of an defense together with your lawyer and companeras, without pressure. Even if you are sure the things you are accused of, have nothing to do with you,: - Don`t say anthing - It may incriminate others.

Out of two suspects, one having an alibi there is still one left without! Once you made any statement, it is difficult to defend you, even for the best lawyer. Furthermore you may get others into a mess!

Accusations /Indictments/ Files

In general you can be accused because of an administrative misdemeanour or an criminal offense.

An administrative misdemeanour,
e.g. „ unauthorized entry“ to austria, can be ordered by any police officers. It is normally charged by a fine of some thousand shillings (but it can lead to detention).

You can appeal against it!!!
what will lead to a trial, but in case of getting „expulsion“ or „ ban from staying“, an („Ausweisungsbescheid or „Aufenthaltsverbot“) for the most people it has no suspensive effects on a deportation.

Being charged because of a criminal offence
is also a reason do be deported.

Duration of detention Arrest by Police may last:

Maximum 24 hours, if you are suspected of an administrative misdemeanour. (e.g. arrest because of not allowed stay)
Maximum 48 hours, if you are suspected of a criminal offence (e.g. property damage) Additional another 24 hours in problems of non-local-courts, or longer by detention pending investigation.

Detention pending deportation should not last more than 2 months but can be expanded up to six months if there are reasons for not deport you.

Normally you have to be released after 48 hours or brought to the investigation judge (in case of weekend: brought to the judge on duty), who decides if you will be detained longer. Even at the investigation judge, or judge of duty: no statement!!!!
Even in case of being transfered in

Detention Pending Investigation:

don`t say anything before you had contact with your lawyer and it is obvious what is mentioned in the file. Joint thinking is more important than being released immediatly, for not having you, or your friends, in prison for months. If you are transfered to detention pending investigation: don´t panic!
The inconvenience in detention pending investigation is, that everything lasts longer, but normally the circumstances of the detention are in comparison to the police detention, somehow „better“:
You are together with more persons in a cell, but don`t tell any heroic epics or anything incriminating.
You have the right to walk in the courtyard, to go shopping, sunday`s church.
You have the right to vegetarian or kosher meal.
Ask how to get books from the prison library. Ask how to order your own books.
You have the right to wear your own clothes.
Popes and social workers may come - but don´t talk to them about your case.

You are not alone, remember, there are people outside caring about your case!

Detention Pending Deportation (back)???? is des rechts? gibt’s dazu noch was zu sagen????

Detention pending deportation should not durate more than 2 months, maximum 6 months.
It will be induced, if you have got a ban from staying or an legal decision of expulsion and you are suscpected to withdraw your deportation. Or if they want you to ban from staying or to expulse you and suspect you to withdraw the procedure.
Detention pending deportation needs a legal decicion.
If you are not taken into detention pending deportation within 14 days after this decision, it is invalid.
Legally seen detention pending deportation is an administrative file, caused by the immigration department.
Legal reasons for detention pending deportation:
1. As safety during proceedings after enacting a ban from staying and /or expulsion until the possibility of deportation.
2. To „secure“ the deportation from or through austria
3 . For foreigners with a residence permission only if they are suspected to evade proceeding.
In austria detention pending deportation is taking place in 20 prisons, with about 1.000 places, extention is planned. In 1998 15.092 human beings where in detention, 10 . 422 of them where deported. The number stayed about the same ( 15.027) in 1999, but deportation was executed on 12.615.
The legislation is supposed to keep the detention pending deportation as short as possible, not longer than 2 months, with a maximum of 6 months, that are normally exhausted. You can`t lodge a complaint at the UVS ( indeoendend administrative senate), if the legal prerequisite is not given.
A lot of prisoners use hunger strike to manage detention incapacity through a doctor to get free.
As a result you may get into solitary confinement, smoking might be prohibited, and visits might be denied for 10 days. The medical help reduces to weighting, medicin is denied. The duration until detention incapacity is up to 3 weeks.In 1999 849 human beings where officially in hungerstrike.

Haftprüfungsverhandlung- Review of Remand in Custody

The first review of remand in custody has to be within the first fourteen days after your arrest. Present will be: the investigation judge, the public prosecutor, your defender and you. The content of the review of remand in custody is only the question whether or not there is a reason for your detention (danger of absconding/escaping, risk of a further offence, danger of suppression of evidence).
The question of guilt has not to be discussed. If the investigation judge quits your detention, vou have to be released immediatly. There is the possibility to appeal against the remand in custody together with your lawyer.
The next review of remand in custody has to be one month later. Revealing the evidence for the defence too early makes them useless, and reduces the possibilities of defence.

If You are Released

Report at the legal support and/or your lawyer. Record of Your Memories on the Police Attack
Type down your memories as soon, as possible, because you may forget important details quickly. Bring it to the legal support. The records of your memories on police attacks are for eventual witness in the court. For this, do not put them in the internet or send them by e-mail.
Content: a short report about your arrest, how and where and what led to your arrest, and details about the situation of your arrest. Details about conversations you heard, clothes, place/location, time, photographers, witnesses, police troups, officialduty numbers of the officiers.

NOTHING INCRIMINATING YOU OR OTHERS !!!

Refusing Testifies in Front of the Court

You have right to refusse a testify as a witness or victim, if you incriminate yourself or closer relatives. Sometimes witness or victims become accused themselves after a testify! (back)

Why is the refuse of testimony commendable?

Juridical:

The refuse of testimony is your right. The useing of this right bids you the best possible protection against a commencement of proceeding and - if a process is commenced - the best precondition for an optimal vindication. As already said, a testimony at the police is a part of investigation against suspects. Please note: Also as a witness or as a aggrieved party you can become a suspect or an accused! Therefore you appeal as a witness or aggrieve party on the „right to silence“ „Entschlagungsrecht“ and you don´t make a testimony. „I abstain from the testimony, to avert the danger of prosecution.“ Also if you have already made a testimony at a questioning: Start at the next questioning with the refuse of testimony (Limitation of damage!!!) In a legal system using class bias there is no guarantee for an acquittal if you refuse the testimony. Sure is that testimonies always make disadvantages. Therefore the legal support recommends you, facing police and examining magistrates, to refuse testimony and to present evidences for the first time in a possible court proceeding. This bids the best precondition to fight a case in court.

Political:

When they start an assault against you as an political active person, they don´t meant you as individual, but as the opposition/ the resistance/ the movement as whole and to be sure, not making any difference which instruments you use respectively the whole movement does. The intention for every state is, not to have a noteworthy (not parliamentary) opposition/ resistance/ movement in their own country. Pictures of beating police on TV are not liked in a country where „social peace“ rules. „Social peace“ serving as competitive factor for the economic area austria. Also the judiciary protects the state and the tycoons. (The minister of interior, known as the (former) hard core lawyer of the FPOE, just changed a law to keep the media tied to his apron strings.) How many laws you have enacted yet, how many are in your interest, how many judgments you have already adjudicated? We think the collective refuse of testimony should be a solidly united standthogeter of the whole movement. When we sit at the police or stand in front of the judge, we should always know that we are not meant personally, but being on trial representative for the opposition/ the resistance/ the movement. In these kind of situations police/court don´t protect the base right to demonstrate, but with repressive sanctions they try to intimidate demonstrators, passers-by and commoners with courage, to take their time in proceeding and to charge them. We appeal you all, not to work on this. The refuse of testimony is a possibility to do it. Why should we give them any information about us?

Against useless violence!

Alone with a stone against hundreds of policemen, the result will not be satisfaying. It does not matter, which forms of resistance we choose, in any case it make sense to protect us and our correlations. Violence is used by the state, prepared for violence is first of all the police. Don´t let them, who use the violence, split us and divide us in „good, nonviolent“ and „bad, violent“protestors. In the face of the attack on our social rights by the media, which is lying like it is printed, by armed policemen, in face of this massive violence of above, it is absurd to talk about violence, when a few small slogans are sprayed on walls or a few tomatoes and eggs are thrown. Because the means of our resistance are choosen by us, on the basis of needfullnessand possibilities we have. We don`t let us split! Against the violenc of the capitalistic worldorder! Against the violence of justice and the machinery of police! Against the violence of frontier-defense-troops and military! No cut back of the right to demonstrate!

REPULSION (back)- NOCH WAS DAZU ZU SAGEN???? If you are suspected to try to enter austria illegally, or if you are suspected to be against the interests of public order you can be repulsed at the border.
The repulsion can be forced by police violence.

DEPORTATION (back) Deportation is used to execute expulsion or a ban from staying. If departure doesn`t happen " on time", or if the possibilita of not departure exists, deportation can be forced. But the legislation for foraigners has to consider: Article 3. ???ECHR ( European Human Rights Convention)??? Art. 3d.CAT. Those prohibit deportation to countries, where unhuman treatment, punishment ( torture) or death penalty are imminent. If one of those risks exists, you can apply for a screening during the proceeding, which might abolish the ban from staying or expulsion. A deportation without travelling documents is not possible. In that case the responsible embassy is asked for a "Heimreisezertrifikat" (homeward journey certrificate), to make deportation possible. Therefore you have to be presented to the embassy or rather your data is transferred, but that contradicts asylum law § 21 Abs 2 AsylG.97. That paragraph says that transferring data related to persons seeking asylum to their "country of origin" is not authorized. Practically this is ignored by the proper authorities, and might be used as a "Nachfluchtgrund" ( reason for flight, appearing later on). In 2000 18.074 individuals werde deported, 15.647 by land, 2.427 by air. The ministry of the interior has had an arrangement with the travel agency " touropa austria" since 1994 for organizing flight tickets. The praxis of deportation is nearly unknown, beside a few isolated cases, like the death of Marcus Omofuma during his deportation on 1st of may 1999. That case makes us guess the size of brutality used at deportations. As a result a discussion about legal forms of physical compulsory measure on humans ( e.g. gaggs) during deportation started. The minister of interior, leading police officers and police men gave contradictory statements. Austrian authorities founded a so called "Menschenrechtsbeirat" ( human rights advisory council), cinsisting of members of NGO`s and the government. It`s point is to deal with human right concerning requests.

EXPULSION (back)

Expulsion is a decision made by the immigration department, where a person is asked to leave a federal territority immediately or within a certain time. If the person does not follow that order it`s an administrative misdemeanour and therefore a reason to be put in detention pending deportation. In 2000 8.983 human beings got an expulsion decision. Foreigners can be expelled, if they are not legally within the territory. They "can be" expelled, they don`t have to, the decision is made by the foreigners office.
The right of privacy and family life has to be regarded. ( Art.8 ECHR). That includes integration of "the foreigner", his intensity of family and informal arrangements. If the results of that are worse than the possible results for the authorities, expulsion can be expelled. The expulsion is not pushed through until legal validity is reached. To appeal is postponing, unless there is danger ahead. That is founded by authorities, so that the "immediate departure is in public interest"

Reasons for being expelled within the first month:

* catched in the act of an international crime
* a reliable hint of guilt of a crime (without conviction)
* not able to earn his/her living
* watched at illegalized working
* entered by passing border checks

BAN FROM STAYING (back)

A ban of staying doesn`t only mean that you have to leave the country, furthermore you are not allowed to re-enter or stay (for a period or forever). The decision has to be made by the foreigner`s office, regarding the right of privacy and family life.

The duration is valueable between 5 to 10 years, or forever. You can appeal within two weeks. This has suspensive effects, unless there is danger ahead and the immediate departure is in public interest. 11.884 residance prohibits were made last year. There`s 73.118 bans from staying in austria, 25.534 because of lack of means. (31.12.00)

Reasons for a ban of staying (residence prohibition)

- disturbance of public silance, order, saftey
-endangering public interests
-Criminal conviction to prison of more than three month (suspended sentences of more than six month) e.g. for serious bodily injury or
-at least two conviction for the same or similar crimes Repeated penatlties for the violation of certain administrative regulations, e.g. traffic ordinance, also of the violations of the law on Aliens (e.g. illegal resisdance).
- sentenced for a financial offence
- accused of being a pimp
- schlepperei (touting)
- not able to earn the costs of living

Having troubles with the Alien law don’t miss the appeal period.

House searches (back)
There are two possible reasons for searching your place of staying: either with a search warrant from a judge or by the police alone because of the “danger in delaying”.
The police have the right to enter a home simply because foreigners are present. Because we do not want police to search our places, we should always ask to see the search warrant, before allowing the police in. On this is stated whose home is to be searched (This important in shared flats for example, because only the rooms that are used in common and that/those belonging to the person named on the warrant can be searched. Rooms belonging to other people in the flat are not affected). Also on the warrant is what is being searched for, e.g. “addresses, weapons, diaries....”. Only those objects mentioned in the warrant can be taken away. All confiscated objects must be listed and signed out - that means that the police can not say later that something was found that was never there and prevents confiscated objects “disappearing” .You have the right to be present and/or to have someone you trust present while the house is being searched. Keep your flat clean in order to be sure that nothing is found that should not be found.

Surveillance(back)

Go by the following when you deal with governmental offices: such offices are devoted to racist politic, which considers migrants and asylum seekers mainly as a police matter and treat them as such. This is valid for foreigner's police as well as the police in the street. It is in their interest to gather as much informations as possible to use the same especially for surveillance and to control. Today's informations and surveillance systems meanwhile have border crossingly developed in a way that various police departments, national and international, have access to this informations. Just one fingerprint in any european database can decide over ones deportation under the motto: stop the last loopholes in the fortress europe! The asylum seekers main concern is to get asylum granted therefore think twice which information given are relevant and which are not - otherwise go by the following: don't release any information to governmental offices, even if they seem unimportant, not about yourself nor even more, about a third person.

Mobile Phones
Mobile phones are no doubt practical despite they can be intercepted any time. The mobile phone companies are obligated by law to keep telephone records on file for at least 14 days. Consequently police possesses all records 14 days even before starting to intercept a cellular phone. This means that basically every thing that you said using a mobile phone can be taped, recorded and consequently used against you in the case of a court procedure. Mobile phones confiscated by the police are putting them automatically in possession of your private phone diary and enables them to cross-check all of your friends.

Tel.: (0043) 0676-77 46 657 - Tel.: (0043) 0676-77 46 657 - Tel.: (0043) 0676-77 46 657 - Tel.: (0043) 0676-77 46 657

disguising protects!!!