ANNUAL REPORT 2010

The Austrian Parliamentary Commission for the Federal Armed Forces

The Austrian Parliamentary Commission for the Federal Armed Forces

ANNUAL REPORT 2010

Editorial: Published yearly, pursuant to section 9, para 4, Rules of Procedure of the Austrian Parliamentary Commission for the Federal Armed Forces , in conjunction with section 4, para 5 2001 Defence Act, Federal Law Gazette I no. 146 2001, as amended. Responsible fort the content: Executive Chairman Paul Kiss, former MP (National Council) and Chairmen Prof. Walter Seledec and President Anton Gaál. Office: 1090 , Rossauer Lände 1 Telephone: 0810-200125 (local rate); 0043-50201-10-21050, 00431-3198089; 1230100 (IFMIN) Fax: 0043 50201 10 17142 E-mail: [email protected] Photographs: Parlamentsdirektion/Carina Ott, BMLVS/HBF Print: Armed Forces Printing Office, 1030 Vienna, Arsenal

Annual report 2010

Table of Contents

Preface ...... 3 I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 4 II. Parliamentary Austrian Armed Forces Commission 2010 ...... 5 III. Tasks ...... 7 III. 1. Terms of office ...... 7 III. 2. Who can lodge a complaint?...... 8 III. 3. Annual report...... 8 IV. Activity ...... 9 IV. 1. Complaints – key data ...... 10 IV. 2. Verbal abuse / inappropriate language ...... 10 IV. 3. Complaints concerning military medical care ...... 10 IV. 4. Complaints concerning shortcomings and deficiencies during international operations...... 10 IV. 5. Complaints lodged by female soldiers...... 11 IV. 6. Complaints concerning sub-standard accommodation and infrastructure ...... 11 IV. 7. Complaints concerning shortcomings and deficiencies during training...... 11 IV. 8. Ex officio investigations...... 11 IV. 9. VIII. Actions pursuant to section 21, para 3, 2001 Defence Act...... 11 VI. Examples of Complaints ...... 11 V. 1. Inappropriate language ...... 11 V. 2. Bullying...... 13 V. 3. Sub-standard military medical care...... 13 V. 4. Unfounded measures...... 14 V. 5. Inattentiveness ...... 15 V. 6. Organisational shortcomings...... 15 V. 7. Failure to follow regulations ...... 15 VII. Ex-Officio Investigations ...... 16 VI. 1. Casting corporals competition (GZ 10/018-2010) ...... 16 VI. 2. Degrading statements made vis-à-vis persons liable to pre-enlistment fitness examination expressing their interest in the alternative service...... 18 VI. 3. Hell’s wall locker (GZ 10/113-2010)...... 18 VI. 4. Conflict-laden working relationship between officers (GZ 10/236-2010)...... 19 VI. Measures taken ...... 20 VII. Special events ...... 20 VIII. 1. 2nd International Conference of Ombuds Institutions for the Armed Forces...... 20 VIII. 2. Inspection of the Austrian contingent in Bosnia-Herzegovina ...... 22 VIII. 3. Inspection of the Austrian contingent in Syria...... 23 VIII. 4. Working visit by the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces to the Military Representation Brussels...... 25 VIII. 5. Conference of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 27 VIII. 6. Presentation of the Annual Report 2009...... 28 VIII. 7. International cooperation ...... 28 Appendix ...... 30 Table of statistics...... 31 Legal References ...... 34 Vienna Memorandum...... 48 Photographs...... 50

2 Annual report 2010

Preface

The Annual Report 2010 is dedicated to the soldiers of the Austrian Armed Forces who serve both at home and abroad and who, in doing so, show tremendous commitment. They provide a service to our society that is indispensable and far too little recognized. They fulfil their mission with dedication and devotion. For this we would like to express our gratitude and appreciation.

All parties represented in the National Council identify with the democratic control of the Austrian Armed Forces; every one of the five Parliamentary parties has a seat and a vote on the Austrian Parliamentary Commission for the Federal Armed Forces in proportion to their number of seats in the National Council. All the commission’s recommendations are proof that the concerns of the individual soldier and not party-political interests are at the centre of the deliberations and efforts of the Austrian Parliamentary Commission for the Federal Armed Forces.

The members of the Austrian Parliamentary Commission for the Federal Armed Forces are unreservedly supported in the respective cases under review by the advisors who participate in the meetings and provide their expertise.

Special thanks go to the staff of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. In a demanding year they contributed to the implementation of the National Council’s task of democratic oversight and control in the interests of our soldiers.

3 Annual report 2010

I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces

Terms of office of the Austrian Parliamentary Commission for the Federal Armed Forces from 1 January 2003 to 31 December 2008 and from 1 January 2009 to 31 December 2014

Executive Chairman, former MP (National Council) Paul Kiss Executive Chairman: 1 January 2003 to 31 December 2004 and as of 1 January 2011 Chairman: 1 January 2005 to 31 December 2010

Chairman Professor Walter Seledec Executive Chairman: 1 January 2007 to 31 December 2008 Chairman: 1 January 2003 to 31 December 2006 and as of 1 January 20091

Chairman President Anton Gaál Executive Chairman: 1 January 2005 to 31 December 2006 1 January 2009 to 31 December 2010 Chairman: 1 January 2003 to 31 December 2004 1 January 2007 to 31 December 2008 and as of 1 January 2011

4 Annual report 2010

II. Parliamentary Austrian Armed Forces Commission 2010

Presidium: President Anton Gaál, Executive Chairman, Austrian Social Democratic Party Paul Kiss, former MP (National Council), Chairman, Austrian People's Party Professor Walter Seledec, Chairman, Austrian Freedom Party

Members: Stefan Prähauser, MP (National Council), Austrian Social Democratic Party Ms. Christine Lapp, MP (National Council), Austrian Social Democratic Party Mr. Walter Murauer, former MP (National Council), Austrian People's Party Jochen Pack, MP (National Council), Austrian People's Party Mr. Markus Fauland, former MP (National Council), Alliance for the Future of Mr. Nikolas Kunrath, The Greens

Substitute members: Mr. Christian Faul, former MP (National Council), Austrian Social Democratic Party Secretary to the Parliamentary Party Mr Christian Schiesser, Austrian Social Democratic Party Dipl.Ing. Werner Kummerer, former MP (National Council), Austrian Social Democratic Party Ing. Norbert Kapeller, MP (National Council), Austrian People's Party Mr. Karl Freund, former MP (National Council), Austrian People's Party Dr. Georg Spiegelfeld-Schneeburg, former MP (Federal Council), Austrian People's Party Dr. Reinhard Eugen Bösch , former MP (National Council), Austrian Freedom Party Günther Barnet, former MP (Vienna Provincial Parliament), Alliance for the Future of Austria Dr. Peter Steyrer, The Greens

Advisors: General Mag. Edmund Entacher, CHODS LTG Mag. Othmar Commenda, Deputy CHODS and, as of 24 January 2011, acting CHODS Director General Mag. Rainer Holenia, MoD/Directorate General I (until 30 June 2010) Director General Mag. Christian Kemperle, MoD/Directorate General I (as of July 2010) COL Harald Harbich, M.D., Head, Military Medical Service 5 Annual report 2010

Office of the Austrian Parliamentary Commission for the Federal Armed Forces: Mag. Karl Schneemann, Head Ms. Sabine Gsaxner, Desk Officer Mr. Siegfried Zörnpfennig, Deputy Head Mr. Ernst Kiesel, Chief Clerk Mr. Johann R. Schebesta, Desk Officer Mag. (FH) Katja Mopils, Desk Officer (as of 1 August 2010) LTC Mag. Manfred Gasser, Desk Officer, TDY from 1 March 2010 to 30 April 2010 Mag. Nora Mitteregger, Desk Officer, TDY from 1 March 2010 to 7 May 2010 Ms Anneliese Wallner, Desk Officer, TDY from 15 March 2010 to 7 May 2010

6 Annual report 2010

III. Tasks

The Austrian Parliamentary Commission for the Federal Armed Forces was founded in 1955, together with the Austrian Armed Forces, as a democratically legitimised monitoring body of the National Council. The Commission is legally based upon sections 4 and 21, para 3, 2001 Defence Act (see pages 35ff).

III. 1. Terms of office

Under section 4, 2001 Defence Act, a term of office of the Austrian Parliamentary Commission for the Federal Armed Forces is six years. The current term of office began on 1 January 2009.

The Austrian Parliamentary Commission for the Federal Armed Forces is made up of three (alternating) Executive Chairpersons, as well as six further members. The Chairpersons are elected by the National Council, the other members are nominated by the political parties, in proportion to their numbers of seats on the Principal Committee of the National Council. Every political party represented on the Principal Committee of the National Council at the time of the Austrian Parliamentary Commission for the Federal Armed Forces's constitutive sitting has the right to be represented on this Commission.

At the eight sitting of the National Council/24 th legislative period on 10 December 2008, President Anton Gaál, MP (National Council) (Austrian Social Democratic Party), Paul Kiss, former MP (National Council) (Austrian People's Party), and Prof. Walter Seledec (Austrian Freedom Party) were elected to be Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces for the six-year term of office from 1 January 2009 to 31 December 2014. On 1 January 2009 President Anton Gaál took on the role of Executive Chairman for two years by rotation until 31 December 2010. Since 1 January 2011 Paul Kiss, former MP (National Council) has been Executive Chairman.

Advice to the Austrian Parliamentary Commission for the Federal Armed Forces is also rendered at its sittings by most senior officials of the Federal

7 Annual report 2010

Ministry of Defence and Sports so that there is a permanent exchange of opinions between examiners and examinees.

From an international perspective, the Austrian Parliamentary Commission for the Federal Armed Forces can be compared in its mission to the Parliamentary Commissioner for the Armed Forces of the German Bundestag.

III. 2. Who can lodge a complaint?

The Austrian Parliamentary Commission for the Federal Armed Forces has to accept complaints lodged directly or indirectly  by persons who have volunteered for pre-enlistment fitness examination or trainee service,  by persons liable to pre-enlistment fitness examination,  by soldiers of either sex,  by soldiers' representatives,  by conscripts in the militia or reserve,  by persons having undergone trainee service,

and – unless the Commission finds the alleged reason for the complaint negligible – to examine it and decide upon recommendations pertaining to its settlement.

This group can lodge complaints concerning shortcomings or deficiencies within the military, especially regarding personal injustices or encroachments upon professional competencies.

The right to lodge a complaint expires one year after the issue giving rise to the complaint has become known to the complainant, in any case two years after the issue giving rise to the complaint has become void.

In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission.

III. 3. Annual report

The annual report of the Austrian Parliamentary Commission for the Federal Armed Forces is published once a year, as per section 10 para 4 of the standing orders and in connection with section 4 para 5 2001 Defence Act , and is to be forwarded to the Federal Minister of Defence

8 Annual report 2010

and Sports, following its adoption by the Commission members. The annual report 2010 is to be provided with a statement of the Federal Minister of Defence and Sports and to be laid before the National Council.

IV. Activity

The Austrian Parliamentary Commission for the Federal Armed Forces dealt with the enquiries brought forward during the year under review, investigated complaints, arranged for ex officio investigations, carried out unannounced on- site inspections, put an end to shortcomings and deficiencies within the military in close cooperation with the Federal Minister of Defence and Sports and the advisors, and presented suggestions for improvements in the carrying out of training.

The Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces prepared the monthly plenary meetings of the Commission, so as to make possible the adoption of complaints as well as of ex officio investigations, and to give recommendations to the Federal Minister of Defence in as short a time as possible.

Information events at the Theresan Military Academy and at the Non- Commissioned Officers' Academy, as well as discussions with representatives of politics, religion, industry, science, culture and the Austrian Armed Forces served the purpose of strengthening the appreciation of an independent, objective and comprehensive supervision of the military.

In close co-operation with the Federal Minister of Defence and Sports and the advisors, problems in connection with complaints lodged were often already resolved in the investigation stage in a manner satisfactory to the complainant. An on-site intervention by the Austrian Parliamentary Commission for the Federal Armed Forces very often quickly remedied aired grievances and thus in many cases contributed to an improvement of the work climate.

The manifold tasks and challenges a democratic monitoring body has to fulfil and meet naturally require an exchange of views with comparable international institutions. In the year under report the Austrian Parliamentary Commission for the Federal Armed Forces held numerous bilateral meetings and hosted the 2 nd International Conference of Ombuds Institutions for the Armed Forces in Vienna.

9 Annual report 2010

IV. 1. Complaints – key data

In 2010, the Austrian Parliamentary Commission for the Federal Armed Forces was approached with 3,568 enquiries. In most cases the questions raised could be answered or dealt with quickly, so that in many cases it was not necessary to lodge a formal complaint.

In 2010 the Austrian Parliamentary Commission for the Federal Armed Forces initiated 337 complaints proceedings, of which 28 were ex officio investigations.

50% of complaints were deemed to be founded.

The reasons for complaint especially concerned inattentive and poor behaviour of higher ranks, matters related to training and routine duty, personnel matters, sub-standard infrastructure, equipment and medical care.

In some cases complainants retracted their complaints because measures that were immediately taken had led to the reason for the complaint becoming obsolete.

IV. 2. Verbal abuse / inappropriate language

In the year under report, of 26 complaints lodged in connection with verbal abuse or inappropriate use of language, 19 were founded or partially founded, 3 complaints were deemed to be unfounded. At the end of the year under report, 4 complaints were still being dealt with.

IV. 3. Complaints concerning military medical care

In the year under report, 23 complaints were lodged concerning inadequate medical care. 16 complaints were deemed to be founded or partially founded, 5 complaints were deemed to be unfounded. At the end of the year under report, 2 complaints were still being dealt with.

IV. 4. Complaints concerning shortcomings and deficiencies during international operations

11 complainants lodged complaints in connection with grievances during international operations. 2 complaints were deemed to be founded, 7 were deemed to be unfounded. 2 complaints were still being dealt with at the end of the year under report.

10 Annual report 2010

IV. 5. Complaints lodged by female soldiers

In 2010 female soldiers lodged three complaints, of which two were deemed to be founded and one was deemed to be unfounded.

IV. 6. Complaints concerning sub-standard accommodation and infrastructure

In 2010 there were 3 complaints concerning sub-standard accommodation or infrastructure.

IV. 7. Complaints concerning shortcomings and deficiencies during training

In the year under review, of 22 complaints lodged in connection with shortcomings and deficiencies during training, 15 were founded or partially founded, 4 complaints were deemed to be unfounded. At the end of the year under report, 3 complaints were still being dealt with.

IV. 8. Ex officio investigations

In 28 cases the Austrian Parliamentary Commission for the Federal Armed Forces decided to investigate ex officio shortcomings and deficiencies related to military service. Investigated were, inter alia , live firing accidents on training areas, accidents involving armed forces equipment, as well as blatant shortcomings in training. Some cases are described in part VII of the Annual Report 2010 .

IV. 9. VIII. Actions pursuant to section 21, para 3, 2001 Defence Act

In the year under review there was no application to issue a statement regarding an appeal against an administrative decision concerning the obligation to attend key personnel recalls.

VI. Examples of Complaints

V. 1. Inappropriate language

“Do you see these five fingers? The next guy to bring me a shaken bottle will get them in his face!" With these words a national serviceman during the assistance operation/Schengen was reprimanded by a superior NCO whom he had to bring a bottle of mineral water, which had

11 Annual report 2010

overflown upon opening. NCOs demanded more disciplined behaviour from national servicemen by the use of the following statements: “I’ll bust your asses!“, “idiot“, “moron“, “I’ll drag him through the village by his bollocks!“, “You’re such sons of bitches! Do you know that?", "Private Idiot", "Don't get funny with me!" (GZ 10/330-2010)

During a march a platoon leader “motivated” a recruit who, due to back problems, had difficulty to meet the required performance, by asking him why he did national service, given the fact that a wuss such as him would have had the opportunity to do alternative service. At the end of the march the platoon leader asked the recruit if his parents were divorced. The affirmative answer was commented by the platoon leader as follows: “Then it ain’t surprising that you didn’t turn out well!“ (GZ 10/001-2010)

Criticism of his style of leadership was met by a squad leader in the assistance operation/Schengen vis-à-vis subordinates with verbal attacks such as: “Troublemaker“, "insubordination“, “smartarse“, “wog“, “incompetent“. He furthermore threatened the soldiers with disciplinary measures to be taken by a “lieutenant colonel from the Ministry”. (GZ 10/122-2010)

Upon reporting for duty, a deputy squad leader in the assistance operation/Schengen was questioned by the deputy platoon leader about his belated arrival at the platoon command post and was called “thick” and a “blockhead” in the presence of national servicemen. (GZ 10/093-2010)

Vis-à-vis a recruit of Egyptian extraction who worked as a clerk in company office the platoon leader often used the term ”camel driver” and entered the office with the salutation: “This office smells like an Arabian whore house!“ The recruit’s report concerning the combat boots he had forgotten at home was commented on by the NCO with the words: “At least now you’ve got one pair of closed shoes at home!” (GZ 10/187-2010)

An NCO who noticed a waiting recruit without headgear at the main entrance told him to leave the area with the words: ”Get lost!”. (GZ 10/289-2010)

12 Annual report 2010

V. 2. Bullying

In case of a soldier making a mistake during weapons training with the assault rifle 77, all members of the squad had to do ten push-ups with the rifle lying across the backs of their hands. (GZ 10/003-2010)

When a recruit did not immediately get up following reveille, a squad leader “chucked” a combat boot in the direction of the bed and hit the lying recruit on the head. (GZ 10/330-2010)

Outside of regular duty hours, without a prior fixed time limit and over days, a company commander tasked a room’s complement with its refurbishment (polishing and waxing the floor, levelling out and painting the walls). The subsequent order completely to vacate the room for additional work to be carried out made it difficult for the recruits to sleep in the barracks. (GZ 10/159-2010)

V. 3. Sub-standard military medical care

Due to a unit surgeon’s error of judgment concerning the severity of an injury to a lower arm the same was not immediately x-rayed, although the soldier was experiencing severe pains and had asked for an x-ray. Five days later the soldier again complained of severe pains to the unit surgeon. Only then was an examination in the trauma surgery department of the Armed Forces Hospital arranged for and a fracture of the radius bone (r.) detected. (GZ 10/184-2010)

During the medical fitness examination required for admission to military courses, the unit surgeon responsible failed to carry out the doctor- patient interviews with eight officer cadets and failed to inform them adequately about the results of the examination. The complainants rightly had the impression that the unit surgeon’s approach was detrimental to a trusting doctor-patient relationship. (GZ 10/193-2010)

Although he was suffering from a curvature of the spine in connection with above-average height, a recruit's request for transfer to a garrison close to home was at first refused for military reasons and because there would have been no replacement for him. To avoid a deterioration of the recruit’s health, his transfer was approved at a later date, so that he could use his special bed as a result of the permission to sleep at home. (GZ 10/227-2010)

13 Annual report 2010

On 1 February 2010 during maintenance work on an armed forces vehicle a national serviceman incurred a massive dental trauma. The dentist’s estimate was €870.-, the Austrian Armed Forces, however, cap the costs for a fixed dental prosthesis at €600.- . The start of the treatment was delayed until June 2010, however, following an intervention by the Austrian Parliamentary Commission for the Federal Armed Forces in consultation with the Armed Forces Personnel Agency the problem was solved to the national serviceman’s satisfaction. (GZ 10/052-2010)

During a field training exercise a recruit began suffering from dizzy spells and received emergency treatment from the paramedics present. Following his evacuation to the barracks, however, the medical NCO on duty refused to admit him to the dispensary at 21:30 hrs, because he judged his medical condition as not requiring treatment. Late at night the company commander took the decision to transport the recruit to the nearest hospital for a medical examination. The dispensary’s medical director queried the necessity of the examination and treatment and erroneously denied payment of the hospital costs. (GZ 10/226-2010)

V. 4. Unfounded measures

An NCO’s negative performance review in the assistance operation/Schengen was justified with alleged neglect of duty and possible medical restrictions, despite neither disciplinary measures having been taken nor a medical examination having been carried out. The appeal against the negative performance review was only deemed to be founded following the complaints procedure. (GZ 10/176-2010)

From 19 August to 17 September a national serviceman was detailed to the assistance operation/Schengen. Because he had been ordered to attend the one-day medical fitness examination required for pilot selection at the Armed Forces Hospital, the duration of his deployment was below the four weeks continuous deployment required for the awarding of the Austrian Armed Forces Operations Medal. The award was not carried out . (GZ 10/221-2010)

For years an NCO was ordered to carry out the additional task of cost and activity accounting extrinsic to his position in addition to the duties inherent in his actual position of paymaster. Over the years the superiors

14 Annual report 2010

made little or no effort adequately to employ - in her/his field of responsibility - another NCO designated and detailed as cost and activity accountant. (GZ 10/022-2010)

V. 5. Inattentiveness

Despite having received a report concerning the non-appearance of a competitor at the finishing line and uncertainty concerning his whereabouts, the person in charge of the competition failed to organise timely and targeted emergency measures in connection with a possible accident during an orientation run. Because of this a competitor who had had an accident and had been seriously injured had to wait longer than necessary for the required medical help to be set in motion. (GZ 10/173-2010)

V. 6. Organisational shortcomings

Due to communication difficulties between two provincial military commands a unit’s key personnel could not participate in the regional sports championships of their respective area of stationing. (GZ 10/017- 2010)

On an international operation a team leader of a Stand-by Force for First Missions was primarily employed as a squad leader. He was denied the concomitant higher function-related allowance. (GZ 10/172-2010)

Without adequate clarification regarding the facts of the case, a national serviceman had to pay damages for a video camera mislaid during key personnel training. (GZ 10/031-2010)

V. 7. Failure to follow regulations

A national serviceman, detailed as driver of an induction board, was ordered to deliver five to six crates of beer a week for the key personnel’s common room. (GZ 10/054-2010)

Although pertinent regulations did not so specify, a course participant had to pass the general physical fitness test requisite to his retaining or receiving the Armed Forces license required to steer a water-borne vessel. (GZ 10/042-2010)

15 Annual report 2010

Due to the misinterpretation of an official form, a soldier of the key personnel was not awarded a training bonus, although the requirements were complied with. (GZ 10/014-2010)

VII. Ex-Officio Investigations

VI. 1. Casting corporals competition (GZ 10/018-2010) A barracks’ dining hall served as the venue to celebrate the end of a course. In addition, key personnel and national servicemen also celebrated in the quarters and a company’s common room. At 22:00 hrs the party was ended by the company commander, at 23:00 hrs the duty officer asked the corporals participating in a course who, together with some national servicemen, were celebrating in a room, to end the carousing and go to bed.

Shortly, an NCO of another company invited all the corporals and national servicemen, who were wearing civilian dress, to his company’s common room to continue the boisterous do. From the NCO's point of view, the invitation – although never stated as such - was only meant for the key personnel.

The party lasted until 03.00 hrs with the participating officers, NCOs, corporals and recruits consuming large quantities of alcohol available free of charge in the shape of beer, wine and coca-cola with rum.

After midnight the NCO introduced casting corporals , allegedly a tradition in his company. Casting corporals involves a participant being lifted onto a windowsill and subsequently pushed out of the window – approx. 160 cm above ground; the aim being to “jump as far as possible“ and to reenter the common room through the window.

First up for this "test“ was a female soldier. An officer and an NCO picked her up by her hands and feet, gingerly lifted her out of the window and then pulled her back into the common room. Then an officer wanted to undergo casting corporals . To this end he ”was required“ to borrow the

16 Annual report 2010

appropriate rank insignia, which he did from a female corporal, so as to comply with the “requirements” of casting corporals . As no one present dared push the officer out of the window, he ordered an NCO, a friend of his, to deal the “symbolic blow”. Finally, a corporal volunteered for a cast in order to achieve the maximum distance, which he duly managed. Despite this, the officer had “officially" won the casting corporals competition , as he was the seniormost person present.

At approx. 02.00 hrs words were allegedly uttered to the effect that recruits had to leave the common room through the window. At this time only one recruit was still present. He was wearing a track suit and his rank could therefore only be known to the comrades from his company. In a flash the recruit was grabbed by the back, lifted and in one fell swoop thrown out of the window. Surprised by the situation the recruit desperately tried to hold on to the windowsill, plummeted, however, head-first to the ground. The ground outside was covered in a thin blanket of snow, the temperature was slightly below 0° Celsius. The recruit probably lost consciousness for a short time, could, however, subsequently take himself to the dispensary. There he received emergency treatment at 02.15 hrs and was taken by civilian ambulance with blue lights flashing to the nearest hospital where he was diagnosed with abrasions on both face and head, a broken nose, concussion and a blood alcohol level of 1.7 milligrams.

According to the results of the inquiry nobody present noticed the recruit being thrown out, just as his absence attracted nobody’s attention.

Legal considerations :

Such incidents make a mockery of the controlling activities of the duty system (lights-out, taps, admittance regulation, alcohol consumption).

The actions of the key personnel present were glaringly inconsistent with the pertinent regulations of section 3, para 6 (comradeship), section 4, para 1 (duties of superiors) and section 10, para 4 (conduct following accidents) of the General Duty Regulations, as well as with the regulations of the MoD Directive of 22 NOV 1999, MoD Gazette I no.

17 Annual report 2010

48/2000, pt III/1 and pt III/14 (maintenance of physical fitness, opening times of common rooms).

Possible criminal charges will be decided upon by the courts. Inquiries were initiated by the police and the courts.

VI. 2. Degrading statements made vis-à-vis persons liable to pre-enlistment fitness examination expressing their interest in the alternative service During the introductory briefing as part of the pre-enlistment fitness examination an NCO commented vis-à-vis persons who had expressed their interest in the alternative service “…an unsuitable job for young people” or “…first bind them and then kick them".

Legal considerations :

The NCO’s behaviour contravened the stipulations of the MoD Directive of 22 NOV 1999, MoD Gazette no 48/2000, pt III/8 (code of conduct for soldiers, use of language), according to which all soldiers have to orientate their communication, duty-related or otherwise, along the lines of respect for human dignity as well as politeness and propriety of demeanour and expression.

VI. 3. Hell’s wall locker (GZ 10/113-2010) A recruit was suffering, apart from other ailments, from lung problems, which led to manifold military medical restrictions such as, e.g., duty in rooms and release from combat training.

The platoon leader became indignant with the recruit’s absences from basic training and remarked that lost training hours may have to be made up for. The national serviceman’s comrades reacted truculantly to his exemptions and absences, denigrating remarks were the result.

After duty hours the recruits very soon began regularly to "return the favour”. The highlight was hell’s wall locker : Hell’s wall locker involves the locker of the person involved being repeatedly tumbled in his absence,

18 Annual report 2010

and then returned to its original position. Chaos within the locker is thus unavoidable.

The cowed recruit therefore entered the room as little as possible and finally approached an armed forces psychologist.

The comrades’ behaviour resulted in general instructions issued by the platoon leader and, a few days later, by the company commander. It was pointed out that such actions had to be stopped and would not be tolerated. There was, however, no intensive inquiry and no apology.

Legal considerations :

In the stipulations of section 4, paras 1, 2, 5, 7, and section 5 (attentiveness of the superior, design of official measures) the General Duty Regulations of the Austrian Armed Forces lay down a superior’s duty to provide comprehensive care and assistance, not least against the backdrop that especially for young people military service often brings with it considerable human and social problems.

In this case comprehensive care and assistance was not sufficiently applied.

VI. 4. Conflict-laden working relationship between officers (GZ 10/236-2010) The working relationship between two high-ranking officers, superior and subordinate, escalated noticeably and became increasingly conflict- laden. Among other points, the superior, without listing concrete breaches of duty, asserted in an email to the subordinate: “… Incidentally, I have been observing your recent behaviour closely. Again there is the suspicion of breaches of duty pursuant to the General Duty Regulations”.

Immediately afterwards the subordinate sent emails to the superior two echelons up: “… gives orders, the wording of which is puzzling". Thereupon the superior requested that an examination determining the subordinate’s fitness for duty be carried out at the earliest possible time, upon the following grounds: strong mood swings, lack of contact with

19 Annual report 2010

reality, suspicion of endangering himself and others, verbal attacks. The responsible headquarters refused this request.

Following breaches of duty by the subordinate officer, such as wearing a track suit all day, failure to salute, referring to a written order as an “asinine scrap of paper”, as well as various statements vis-à-vis the superior, such as “you can’t even lead a half-platoon”, “completely incapable of leadership”, ”dilettantish communication”, the superior officer reacted half a year later and issued a written reprimand vis-à-vis his subordinate officer comrade.

Legal considerations :

Given the conflict-laden working relationship between the two officers, both time and content of the rebuke concerning accusations of which some dated back months seem disproportionate. The officer concerned rightly had the impression that the request for an examination determining his fitness for duty and the written rebuke were nothing but a tit-for-tat response.

Denigrating reciprocal remarks were detrimental to a beneficial working relationship and not in accordance with the stipulations of section 3, para 8, General Duty Regulations (comradeship) whereby all soldiers have to interact respectfully with each other.

VI. Measures taken

Concerning the complaints which were fully or partially justified, the Minister of Defence and Sports took the measures which were regarded as necessary (instructions and rebukes, taking disciplinary measures, bringing charges).

VII. Special events

VIII. 1. 2nd International Conference of Ombuds Institutions for the Armed Forces

Upon invitation by the Austrian Parliamentary Commission for the Federal Armed Forces, the 2 nd International Conference of Ombuds Institutions for the Armed Forces took place in Vienna from 25 to 28 April 2010. The

20 Annual report 2010

conference continued the process of cooperation expressed in the 2009 Berlin Declaration between the independent institutions of over thirty states. Countries such as Argentina, USA, Canada, Germany, France, Ireland, Norway, Hungary, Serbia, Bosnia-Herzegovina, Lithuania and Estonia participated in the intensive deliberations concerning the democratic control of armed forces. It is the ombuds institutions which have the important role to create both democratic transparency as well as trust in the armed forces.

It is the long-term goal to strengthen the parliamentary monitoring bodies’ differing legal and other framework conditions. The Vienna Conference was focused on the role of ombuds institutions in promoting and protecting the human rights of soldiers in peacetime and during operations, as well as their welfare after an operation.

The Vienna Memorandum forms the basis for a continuation of the successful cross-national cooperation in the interest and for the benefit of all soldiers. The conference participants decided, inter alia , that

 the promotion and protection of the human rights of soldiers and veterans in peacetime and during operations is a central concern,

 particular attention is paid to a respectful handling of diversity in armed forces with regard to gender, sexual orientation, ethnicity and religion,

 increased attention is paid to the effects of a possible post-traumatic stress disorder of soldiers after an operation,

 the support and the welfare of the families of members of armed forces are of great importance.

Thanks go to the President of the National Council, Mag. Barbara Prammer, and the Federal Chancellor for the sincere and considerate opening of the 2 nd International Conference of Ombuds Institutions for the Armed Forces in the budget hall of the ; without this important support such a perfect event

21 Annual report 2010

would not have been possible. Thank you to the Federal Minister for Defence and Sports Mag. Norbert Darabos for his help and praise.

Currently the follow-up conference in Belgrade in April 2011 is being organised. Serbia appreciates the valuable support by the Austrian Parliamentary Commission for the Federal Armed Forces and the Geneva Centre for the Democratic Control of Armed Forces (DCAF).

VIII. 2. Inspection of the Austrian contingent in Bosnia-Herzegovina

From 14 to 15 June 2010 the Austrian Parliamentary Commission for the Federal Armed Forces carried out an inspection of the Austrian soldiers of HQ EUFOR ALTHEA in Camp Butmir near Sarajevo and of Camp Edelweiss near Tuzla.

Meetings were held with Ambassador Dr. Valentin Inzko, High Representative and EU Special Representative for Bosnia and Herzegovina, as well as with the Austrian Ambassador Dr. Donatus Köck. In addition, on 15 June 2010, the Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces, President Anton Gaál, met Bosko Siljegovic, the Military Commissioner of Bosnia Herzegovina, in Parliament in Sarajevo.

During the meetings with soldiers the following problems were addressed:

 A part of the protective crowd-and-riot-control gear concerning the upper body impact protector is missing. Because of this, the body armour (approx. 15 kg) is used as a replacement. This leads to restrictions in mobility. Far more serious, however, are the missing fire- resistant overalls.

 Summer uniforms are not available in the area of operations.

 There are no air conditioning units available in some of the living quarters in Camp Butmir.

22 Annual report 2010

 The increasing number of almost daily visits by employees of the Federal Ministry of Defence and Sports has created the impression with the soldiers that a kind of “tourism” has developed.  Militia as well as professional soldiers are worried that they may not be able to pursue the successful military career they were aiming for, as there are no organic, if any, slots available in their respective units.

 Given only three pilots and three technicians for two helicopters, of which one has to be operational 24/7, the – allegedly required – permanent operational readiness cannot be guaranteed.

 The reconnaissance platoon has no adequate photographic equipment available.

Conclusion:

The Austrian Parliamentary Commission for the Federal Armed Forces notes approvingly that for the first time an Austrian, Major General Mag. Bernhard Bair, has been commander of EUFOR ALTHEA since 4 December 2009.

The meetings with Ambassador Dr. Valentin Inzko, High Representative and EU Special Representative for Bosnia and Herzegovina, and Ambassador Dr. Donatus Köck confirmed EUFOR ALTHEA’s acknowledged accomplishments.

The Austrian soldiers produce sterling work within the framework of EUFOR ALTHEA.

VIII. 3. Inspection of the Austrian contingent in Syria

From 9 to 12 November 2010 the Austrian Parliamentary Commission for the Federal Armed Forces carried out an inspection of the Austrian soldiers of AUSBATT – AUCON/UNDOF in Syria.

In intensive discussions many topics were covered, among them were:

 Drugs delivered through supply channels clearly had their use-by date either pasted over, or a new date had been stamped. 23 Annual report 2010

 No psychologist is available on site.

 The hot-weather-clothes uniforms are prone to wear and tear, they are washed out and threadbare. The available number of uniforms (three per soldier) entails - in connection with the intervals of the laundry hired by the UN – having to wear sweaty uniforms. Furthermore, parts of a uniform that have been damaged cannot always be exchanged, as there is not enough stock available in all sizes. During a presentation in Parliament on 25 November 2010 – directly following the inspection in Syria - the Austrian Parliamentary Commission for the Federal Armed Forces gained a positive impression of the newest generation of uniforms woodland and desert with improved safety standards and a high degree of wearing comfort. It is therefore proposed, subject to budgetary constraints, that this uniform type be assigned to the soldiers, for the time being to those on international operations. It is noted that both types are already in use with the special operations forces.

 There are no air conditioning units available in some living quarters in Camp Faouar. Allegedly due to a capacity overload of the grid, use of private air conditioning units was prohibited.

 During an inspection in 2009 the Austrian Parliamentary Commission for the Federal Armed Forces assessed the accommodation at Position 32 as totally inadequate. Happily the UN administration has, in the meantime, arranged for a new building to be constructed. Due to the commitment of those responsible within the Austrian contingent, a functional building of single rooms with up-to-date facilities has become a reality.

 Rank insignia and name tags are not colour-coordinated with the uniform. This is why a majority of soldiers purchase these at their own cost.

 The sluggish procurement of spare parts via UN offices is criticised.

24 Annual report 2010

 The field post service from Austria to the area of operations is cheaper than vice versa .

 There was unanimous criticism of the fact that when personnel wearing UN uniforms are flying out of Austria to the area of operations they have to undergo especially stringent security checks (taking off shirt, trousers, shoes, etc. in the presence of other travellers) which are regarded as harassing by the persons concerned. When UN personnel reenter Austria, customs officers perform rigorous baggage checks, while other fellow travellers can pass through customs unchallenged.

The Austrian Parliamentary Commission for the Federal Armed Forces requests an evaluation whether an amalgamation of the welfare facilities of all rank categories along the lines of other areas of operation with Austrian involvement would not be more practical and economical.

Conclusion :

The Austrian soldiers accomplish their tasks professionally and to a high standard. Their excellent work was also acknowledged and valued by the Austrian Ambassador to Syria, Dr. Maria Kunz and the Force Commander UNDOF, Major General Ecarma Ill Natalio.

A Croatian company, implemented in the Austrian Battalion, and the Philippine Battalion value and respect the excellent cooperation within UNDOF. The international soldiers refer with great respect to the Austrian contingent’s proficiency in running the highest UN position worldwide on Mt Hermon (2,814 m).

VIII. 4. Working visit by the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces to the Military Representation Brussels

From 6 to 8 December 2010, the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces carried out a fact-finding mission to and working visit of the soldiers and employees of the Military Representation Brussels. 25 Annual report 2010

The following topics were discussed:

Personnel planning and development:

NCOs and officers of service category MBO2 continue to criticise the lack of structured, organised and forward-looking personnel and career planning. It is not always possible to find adequate domestic employment following an international deployment.

This group of people feels discriminated against, as it is often unclear until immediately before their return to Austria where their domestic place of service will be. This leads to great uncertainty as regards a decision concerning the future place of residence and the concomitant personal preparatory measures (place to live, registering children for kindergarten or school, partner’s job hunt).

Return to Austria:

Because of the transfer to the Military Representation Brussels a return to the domestic unit is generally not possible. Those employees who were shortly to return to Austria requested better support in the search for affordable housing at their new place of service. As the future place of service is sometimes changed at the very last minute, the affected employees and their families are faced with problems in the private sphere (registering their children for school, additional travel costs, deciding on where the foci of their family lives should be, necessity of second accommodation). For low income employees the financial scope to meet such additional costs is limited.

Conclusion :

The Austrian soldiers and civilian employees in the Military Representation Brussels do sterling work within the framework of the European Union and NATO. Due to its great reliability within the Partnership for Peace framework, Austria is, as only few other states are, closely integrated into the immediate NATO information flow.

26 Annual report 2010

The Austrian ambassador to Belgium and NATO, Dr Karl Schramek, lauded the efforts and excellent work of the soldiers and employees in the international staffs.

In this context it would be desirable increasingly to use employees of the Military Representation Brussels for information work in Austria as regards tasks and fields of activity within the European Union, so as to demonstrate the efforts made for common European security interests in the service of peace.

VIII. 5. Conference of the Austrian Parliamentary Commission for the Federal Armed Forces

From 14 to 15 December 2010 there was a conference of the Austrian Parliamentary Commission for the Federal Armed Forces in Güssing. The commission could inspect a former dairy which serves as replacement accommodation for the soldiers stationed in Güssing. The beginning of building work on the model barracks Güssing was planned for the following week, shortly before Christmas 2010.

Following a detailed briefing concerning the tasks and challenges facing the soldiers of 19 Infantry Battalion, the conference began with a plenary session.

Deliberations and discussions concerning topics such as “women in the Austrian Armed Forces" and “the medical service with particular emphasis on the relevance of the Armed Forces Hospital” rounded off the day. Director General LTG Mag. Freyo Apfalter, MoDS/Directorate General III and Director General Mag. Christian Kemperle, MoDS/Directorate General I were welcomed to an exchange of ideas. On the second day there were intensive discussions concerning questions pertaining to the complaints system, with the amendment to the rules of procedure being discussed at length and all the details locked.

27 Annual report 2010

VIII. 6. Presentation of the Annual Report 2009

On 17 March 2010 the Annual Report 2009 of the Austrian Parliamentary Commission for the Federal Armed Forces was presented to the President of the National Council, Mag. Barbara Prammer, and on 29 March to the public at a press conference in the Austrian Parliament.

VIII. 7. International cooperation

Apart from its investigative and monitoring tasks, the Austrian Parliamentary Commission for the Federal Armed Forces intensified the international cooperation, in order to discuss the multifaceted tasks of democratic armed forces monitoring institutions on multinational and bilateral levels.

The focus was on the 2 nd International Conference of Ombuds Institutions for the Armed Forces which took place in Vienna from 25 to 28 April 2010 under the presidency of the Austrian Parliamentary Commission for the Federal Armed Forces. The focus was on the role of ombuds institutions in promoting and protecting the human rights of soldiers in peacetime and during operations, as well as their welfare after an operation. The Vienna Memorandum forms the basis for a continuation of the successful cross- national cooperation in the interest and for the benefit of all soldiers.

There was a constant exchange of ideas with the Geneva Center for the Democratic Control of Armed Forces – DCAF, with Ambassador Dr. Theodor Winkler and Executive Chairman President Anton Gaàl chairing the talks in Geneva and Vienna, respectively.

The Parliamentary Commissioner for the Armed Forces of the German Bundestag, Reinhold Robbe and his successor, Hellmut Königshaus routinely met the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces in Vienna and Berlin, so as to stress that democratic control of armed forces also requires a deepening and reciprocal exchange of ideas. Germany with the Parliamentary Commissioner for the Armed Forces of the German Bundestag, and Austria with the Austrian Parliamentary Commission for the Federal Armed Forces are prime universal examples of the democratic control of parliamentary armies.

Sarajevo and Vienna were the scenes for meetings with the Military Commissioner of Bosnia Herzegovina, Bosko Siljegovic, who, in 2009, 28 Annual report 2010

became the first Bosnian Parliamentary Commissioner for the Armed Forces and was interested in the legal and applied monitoring carried out by the Austrian Parliamentary Commission for the Federal Armed Forces.

Vienna, 11 February 2011

Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces

Walter Seledec Paul Kiss Anton Gaál Chairman Executive Chairman Chairman

29 Appendix

Appendix

Table of statistics ...... 31 Legal Grounds...... 34 Vienna Memorandum ...... 48 Photographs ...... 50

30 Appendix Statistics

Table of statistics

1. Complainants

Recruits 25% Corporals 12% Civilian personnel 19% NCOs & WOs Officers 32% 12%

2. Grounds for Complaints

5 4 1% Sonstige 1 Personnel matters 3 7% 49% 2% 2 Matters related to military security, discipline and complaints 3 Training, routine duty 1 4 Supplies 32% 5 Infrastructure 2 9%

Complaints lodged by national service personnel and other military personnel re training and routine duty

Other military personnel 59%

Persons liable for national

service

31 Appendix Statistics

3. Number of complaints

3.1. 1956 - 2010

900 800 700 600 500 400 300 200 100 0 56 58 60 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04 06 08 10 1991: 2001 complaints

3.2. 2001 - 2010

584 556 502 664 654 657 501 474 399 337

01 02 03 04 05 06 07 08 09 10

3.3. Complaints lodged by female soldiers

9 9 11 6 7 3 3 5 5 3

01 02 03 04 05 06 07 08 09 10

32 Appendix Statistics

4. Requests for information or legal advice

In 2010, the Austrian Parliamentary Commission for the Federal Armed Forces was approached with 3,568 enquiries (in writing or orally).

4.1 Categories of personnel

1 4 29% 3% 1 Persons liable for national service 2 Other soldiers 3 Parents, friends, acquaintances 2 4 Other persons 3 50% 18%

4.2. Circumstances

4 5 15% 12% 1 Personnel matters 2 Matters related to military security, discipline and complaints 3 Training, routine duty 1 3 4 Supplies 27% 40% 2 6% 5 infrastructure

4.3 Requests for information or legal advice 2001-2010

4420

3929 3794 3933 3249 3833 3605 3568 2846 3165

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

33 Appendix Legal References

Legal References

2001 Defence Act...... 35 National Council Rules of Procedure Act ...... 38 Rules of Procedure of the Austrian Parliamentary Commission for the Federal Armed Forces...... 39

34 Appendix Legal References

Extract from the 2001 Defence Act

2001 Defence Act Federal Law Gazette I No. 146, last amended by Federal Act, Federal Law Gazette I No 111/2010

Parliamentary Austrian Armed Forces Commission Section 4 (1) (Constitutional stipulation) A complaints commission for military matters (Parliamentary Austrian Armed Forces Commission) shall be colocated with the Federal Minister of Defence. The Austrian Parliamentary Commission for the Federal Armed Forces shall consist of three Chairpersons, each of whom, pursuant to para 10, shall become the Executive Chairperson by rotation, as well as of six further members. The presiding board is nominated by the National Council, the other members are provided by the political parties, proportionate to their mandate strength in the Principal Committee of the National Council. The political parties shall nominate a substitute member for each member and each Chairperson proposed by them. In the calculation of the numbers of members to be nominated by the political parties, the Chairpersons proposed by them shall be taken into account. The Chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces. Every party represented on the Principal Committee of the National Council shall have the right to be represented in the Austrian Parliamentary Commission for the Federal Armed Forces. The term of office of the Parliamentary Austrian Armed Forces Complaints Commission shall be six years. (2) The Austrian Parliamentary Commission for the Federal Armed Forces shall have the quorum if at least two Chairpersons and three further members are present. Decisions shall be taken by majority. In the event of a tie, the Chairperson shall have the casting vote. (3) The Chief of Defence Staff and a suitable member of the Armed Forces, nominated by the Federal Minister of Defence and Sports, shall serve as advisors to the Austrian Parliamentary Commission for the Federal Armed Forces. (4) The Austrian Parliamentary Commission for the Federal Armed Forces shall accept complaints lodged, directly or indirectly, by persons who have volunteered for pre- enlistment fitness examination or trainee service, by persons liable to pre-enlistment fitness examination, by soldiers, as well as by conscripts in the militia or reserve following national service, by former trainee service personnel, and – unless the Austrian Parliamentary Commission for the Federal Armed Forces finds the alleged grounds for the complaint negligible – examine them and decide upon recommendations pertaining to their settlement. This shall also pertain to complaints lodged by soldiers' representatives. If this complaint has only been lodged on account of a single soldier, her/his consent shall be required. The right to lodge a complaint shall expire one year after the respective grounds have become known to

35 Appendix Legal References

the complainant, in any case two years after they have become void. In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission. If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned. (5) (Constitutional stipulation) By 1 March of every year, the Austrian Parliamentary Commission for the Federal Armed Forces shall submit a report on its work and the recommendations it made in the past year. This report shall be presented by the Federal Minister of Defence to the National Council, together with a statement concerning the recommendations made by the Austrian Parliamentary Commission for the Federal Armed Forces. The Chairpersons of the Parliamentary Armed Forces Commission shall have the right to take part in the hearings concerning these reports in the committees of the National Council, and to be heard whenever they so request. Further details are laid down in the National Council Rules of Procedure Act. (6) Necessary expenditures which arise from the work of the Austrian Parliamentary Commission for the Federal Armed Forces, including necessary travel costs, shall be reimbursed to the Chairpersons and the other members of the Austrian Parliamentary Commission for the Federal Armed Forces. These expenditures shall be reimbursed in accordance with the provisions of the 1955 Travel Fee Act, Federal Law Gazette No. 133, as would civil servants at service-grade VIII level in the general administration. For her/his work in the Austrian Parliamentary Commission for the Federal Armed Forces the Executive Chairperson shall be paid an additional compensation of 20% of the salary of a federal civil servant in the general administration at the highest salary- grade level of service-grade IX, the other Chairpersons shall be paid this compensation to the extent of 10% of the described salary. The Chairpersons shall not be paid this compensation if they are Members of Parliament (National Council, Federal Council, or a provincial parliament), or members of the federal or a provincial government. (7) (Constitutional stipulation) The Federal Minister of Defence shall provide the Austrian Parliamentary Commission for the Federal Armed Forces with the necessary personnel and meet the necessary material costs. In the discharge of tasks related to the Austrian Parliamentary Commission for the Federal Armed Forces, the personnel provided shall only follow the instructions of the Executive Chairperson. (8) The Austrian Parliamentary Commission for the Federal Armed Forces shall lay down its own rules of procedure and vote them into effect by two-third majority. (9) (Constitutional stipulation) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces shall be elected by the National Council on the basis of a comprehensive proposal by the Principal Committee thereof. In drafting this proposal, each of the three strongest parliamentary parties in the National Council shall have the right to nominate one candidate. In case of an equal number of seats, the number of votes passed in the last National Council election shall decide. Should a chairperson retire early, the party which nominated her or him shall name a new member. On the basis of this nomination, s/he shall be elected by the National Council for the term of office remaining. (10) The Executive Chairpersons change by rotation every two years, the sequence of said rotation reflecting the number of seats held by their respective nominating party. In case of an equal number of seats, the number of votes passed in the last National 36 Appendix Legal References

Council election shall decide. The Executive Chairperson of the Austrian Parliamentary Commission for the Federal Armed Forces shall direct its work, the other Chairpersons shall hold the office of her or his deputy in the sequence previously described.

Militia recalls and preparatory militia training section 21. (3) Conscripts who have not volunteered for militia recalls but have successfully completed preparatory militia training during national service may be rendered liable to militia recalls, provided the required functions cannot be sufficiently staffed with conscripts having volunteered for militia recalls. To this end the conscripts shall be selected by administrative decision within two years of their release from national service, according to the prevalent military requirements, all the while taking personal circumstances into consideration. Such a liability may only affect at most 12 % of those conscripts who have completed their national service in the respective calendar year. This percentage shall include those conscripts who have volunteered for militia recalls. Should such an administrative decision be appealed, and at the conscript's demand, a statement of the Austrian Parliamentary Commission for the Federal Armed Forces shall be obtained prior to a rejection of the appeal. On the basis of an effective administrative decision conscripts may be inducted for militia recalls up to their fiftieth birthday.

37 Appendix Legal References

Extract from the National Council Rules of Procedure Act

1975 Rules of Procedure Act Federal Law Gazette I No. 410, last amended by Federal Act, Federal Law Gazette I No. 12/2010

Section 20a (1) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council. (2) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker. (3) The respective committee can demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during debates pursuant to para 1. section 29 (2) The Principal Committee shall especially be responsible for the following matters: ... h) Submittal of a comprehensive proposal concerning the election of the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 4, para 9, 2001 Defence Act. section 87 (4) The President of the Court of Audit, the Members of the Ombudsman Board, as well as the Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are elected at the recommendation of the Principal Committee, pursuant to section 4, Defence Act.

38 Appendix Legal References

Parliamentary Austrian Armed Forces Commission

Rules of Procedure On 27 January 2011 and pursuant to section 4, para 8, 2001 Defence Act (DA 2001), Federal Law Gazette No. 146/2001, last amended by Federal Act, Federal Law Gazette I No. 111/2010, the Austrian Parliamentary Commission for the Federal Armed Forces passed the following Rules of Procedure:

Composition of the Austrian Parliamentary Commission for the Federal Armed Forces section 1 (1) Members of the Austrian Parliamentary Commission for the Federal Armed Forces are: three Chairpersons, each of whom shall become the Executive Chairperson by rotation pursuant to section 4, para 9, 2001 Defence Act (DA 2001), as well as six further members nominated by the political parties in proportion to their numbers of seats on the Principal Committee of the National Council. The chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces. (2) as substitute members: the substitutes of each member nominated by the political parties for each member and each Chairperson proposed by them, respectively. The substitute members are members of the Austrian Parliamentary Commission for the Federal Armed Forces for the duration of the persons listed in para 1 being prevented from attending. (3) Advisors to the Austrian Parliamentary Commission for the Federal Armed Forces are: - the Chief of Defence Staff, - a qualified official, appointed by the Federal Minister of Defence and Sports. Authorised substitutes acting on behalf of advisors shall be treated on a par with the same. An authorised military medical expert participates in the meetings of the Austrian Parliamentary Commission for the Federal Armed Forces. (4) Prior to executing their functions for the first time, the persons listed in para 1 and 2 shall be sworn in by the Executive Chairperson, the Executive Chairperson by the member of the Austrian Parliamentary Commission for the Federal Armed Forces most senior by age. The oath is: “I swear that as member (chairperson) of the Austrian Parliamentary Commission for the Federal Armed Forces I shall discharge of my duties disinterestedly and to the best of my knowledge and belief.” (5) The Chairpersons, the further members and the substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces shall, unless law

39 Appendix Legal References

stipulates otherwise, be bound to official secrecy (section 20, para 3, Federal Constitutional Law). (6) The Executive Chairperson shall fulfil the tasks wherewith s/he is entrusted under the 2001 Defence Act, especially as regards preparing, convening and chairing meetings, as well as the minutes and the annual reports. If s/he is unable to attend, one of her/his deputies shall act upon her/his behalf. In such a case, the deputy who, pursuant to section 4, para 10, 2001 Defence Act, is to succeed the Executive Chairperson after the end of her/his two-year period in office shall act as Executive Chairperson. If, however, the Executive Chairperson is a member of the third largest party, the Chairperson nominated by the party with the highest number of seats in the National Council shall act as Executive Chairperson in such a case. At the same time the unavailable Chairperson’s substitute member is summoned; this substitute member, however, only functions as a member pursuant to section 1, para 1.

Tasks of the Austrian Parliamentary Commission for the Federal Armed Forces section 2 (1) The Austrian Parliamentary Commission for the Federal Armed Forces has to accept complaints lodged directly or indirectly a) by persons who have volunteered for pre-enlistment fitness examination or trainee service, b) by persons liable to pre-enlistment fitness examination, c) by soldiers of either sex, d) by persons liable to conscription, be they in the militia or reserve, who have completed basic national service, and by former voluntary national service personnel, e) by soldiers’ representatives on behalf of the soldiers they represent (if the complaint is lodged on behalf of only a single soldier, that soldier’s consent is required) to examine them and decide on recommendations pertaining to their settlement. (2) In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission. (3) If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned. (4) The Austrian Parliamentary Commission for the Federal Armed Forces shall furthermore agree on the statements that it makes at the request of the Federal Minister of Defence and Sports, who thereby follows her/his obligation, which arises should the appellant so demand, pursuant to article 21, para 3, 2001 Defence Act, prior to taking a negative decision upon an appeal against an administrative selection decision taken by the respective provincial military command.

40 Appendix Legal References

Office of the Austrian Parliamentary Commission for the Federal Armed Forces section 3 (1) The Office of the Austrian Parliamentary Commission for the Federal Armed Forces serves the discharge of the tasks the Austrian Parliamentary Commission for the Federal Armed Forces incurs. Pursuant to section 4, para 7, 2001 Defence Act, the Federal Minister of Defence and Sports shall furnish the required personnel and cover the necessary material expenses. Only the Executive Chairperson is entitled to give directives to the personnel. The Executive Chairperson shall decide on all personnel matters that have a direct and immediate organisational bearing upon the discharge of duties within the office of the Austrian Parliamentary Commission for the Federal Armed Forces (especially direction and authorisation of overtime, regulation of overtime compensation, leaves, taking holidays, training and continuation training). In all other personnel matters, the Federal Minster of Defence and Sports shall, prior to taking a decision, approach the Executive Chairperson. (2) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces and her/his staff discharge of their duties pursuant to the regulations of these Rules of Procedure. The Head of the Office and her/his staff especially shall a) support the Chairpersons and other members and substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces in the discharge of their duties; b) take care of the administration and clerical organisation of the Austrian Parliamentary Commission for the Federal Armed Forces; c) liaise with the Presidium of the National Council, the Office of the Parliamentary Director, the offices of the Federal Ministry of Defence and Sports, especially the bodies advisory to the Austrian Parliamentary Commission for the Federal Armed Forces, and to other federal ministries that are competent respectively to the extent delineated by the responsibilities of the Austrian Parliamentary Commission for the Federal Armed Forces; d) prepare and support the meetings of the Presidium and plenum of the Austrian Parliamentary Commission for the Federal Armed Forces as well as on-site hearings, investigations following extraordinary complaints and investigations of suspected deficiencies and grievances in the armed forces; e) ascertain facts relevant to lodged extraordinary complaints and ex officio procedures; f) obtain statements of the Federal Ministry of Defence and Sports and other offices in preparation of the settlement of extraordinary complaints and ex officio investigations; g) prepare draft proposals for the meetings of the Presidium and plenum of the Austrian Parliamentary Commission for the Federal Armed Forces; h) implement decisions taken by the Austrian Parliamentary Commission for the Federal Armed Forces; i) process questions directed at the Austrian Parliamentary Commission for the Federal Armed Forces or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces;

41 Appendix Legal References

j) receive extraordinary complaints lodged directly at the Austrian Parliamentary Commission for the Federal Armed Forces and information potentially entailing ex officio investigations; k) provide archival work, documentation and evaluation pertaining to lodged extraordinary complaints and ex officio investigations including pertinent statistics for the Austrian Parliamentary Commission for the Federal Armed Forces; l) prepare the annual report of the Austrian Parliamentary Commission for the Federal Armed Forces and process statements made thereupon by the Federal Minister of Defence and Sports; m) take care of matters of the Rules of Procedure and the allocation of responsibilities within the Austrian Parliamentary Commission for the Federal Armed Forces; n) prepare statements to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 2, 2001 Defence Act; (3) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces shall be entitled to authorise activities serving the accomplishment of the above tasks. S/he shall process (including signature), on the Executive Chairperson’s behalf, such other matters as s/he has authorised her/him to process independently. The Executive Chairperson may declare her/himself responsible for any matter, or reserve the right of decision for her/himself.

Passage of decisions of the Austrian Parliamentary Commission for the Federal Armed Forces § 4. (1) The Parliamentary Austrian Armed Forces Complaints Commission shall have the quorum if at least two Chairpersons and three further members are present. (2) Decisions shall be taken by majority. In the event of a tie, the Executive Chairperson shall have the casting vote.

Chairpersons’ tasks § 5. (1) Meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall be prepared by the Executive Chairperson together with her/his two deputies (Presidium) with the support of the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. (2) Any complaint lodged either directly at the Austrian Parliamentary Commission for the Federal Armed Forces or through channels shall immediately be submitted to the Executive Chairperson. For any case of complaint, one of the three Chairpersons shall be appointed rapporteur . At the beginning of each calendar year the three Chairpersons shall agree on an allocation of duties which clearly sets out the aspects on the basis of which the rapporteurs are assigned their respective cases of complaint. (3) In case of the Austrian Parliamentary Commission for the Federal Armed Forces being obviously not competent, in cases already decided on by the Austrian Parliamentary Commission for the Federal Armed Forces and in case of a lack of

42 Appendix Legal References

legitimacy to raise a complaint, the Executive Chairperson shall inform the complainant that the complaint will, in all probability, not be dealt with by the Austrian Parliamentary Commission for the Federal Armed Forces. (4) Anonymous complaints shall be received by the Executive Chairperson. The Austrian Parliamentary Commission for the Federal Armed Forces shall receive reports thereupon, as well as on reports and statements made by the Federal Minister of Defence and Sports concerning those complaints. (5) If a complaint is directed against a decision, which may be appealed by means of an ordinary or extraordinary remedy, or a complaint lodged at the Constitutional Court and the Supreme Administrative Court, the complainant shall immediately be made aware of her/his right to the above remedies. (6) The Executive Chairperson shall notify the complainant of the receipt and ensuing processing of the complaint. (7) The Executive Chairperson shall initiate or conduct the ascertainment of facts or an investigation of the complaint by the Austrian Parliamentary Commission for the Federal Armed Forces on site (section 8, para 9), determine the type of investigation to be carried out and, if need be, order the investigation report, including the statement of the Federal Minister of Defence and Sports, to be submitted. (8) The Executive Chairperson shall ensure that information and documents required for the Austrian Parliamentary Commission for the Federal Armed Forces to take a decision on a complaint be available immediately, at least no later than six weeks after the complaint has been received. Should this deadline not be met, reasons as to why shall be reported to the Austrian Parliamentary Commission for the Federal Armed Forces at the following meeting. (9) The request of the Federal Minister of Defence and Sports pursuant to section 21, para 3, 2001 Defence Act shall immediately, at least no later than when documents for the following meeting are transmitted, be forwarded to the members of the Austrian Parliamentary Commission for the Federal Armed Forces. Should a member of the Austrian Parliamentary Commission for the Federal Armed Forces be of the opinion that the evaluation of a case requires further investigations, the Executive Chairperson shall immediately ensure the same. (10) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council. The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker. The respective committee may demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during these debates.

Ex officio investigation of deficiencies and shortcomings as well as complaints on site section 6 (1) The ex officio investigation of deficiencies and grievances in the armed forces or of complaints of site shall require a respective decision having been taken by the Austrian Parliamentary Commission for the Federal Armed Forces.

43 Appendix Legal References

(2) In especially pressing cases, the Austrian Parliamentary Commission for the Federal Armed Forces unconvened, the Presidium may take a pertinent decision and investigate ex officio deficiencies and grievances on site. Sections 4 and 5 paras 2, 7 and 8 shall apply in analogously. (3) The members of the Austrian Parliamentary Commission for the Federal Armed Forces shall immediately be notified of a decision of the Presidium pursuant to para 2. In case of an on-site investigation any member may participate in the same. (4) In case of a decision of the presidium in case of para 2, the Austrian Parliamentary Commission for the Federal Armed Forces shall receive a report on the outcome of the investigation as well as investigations performed and measures taken.

Convening meetings section 7 (1) The Austrian Parliamentary Commission for the Federal Armed Forces shall, at least once a month as a rule, be convened by the Executive Chairperson following a coordination of the date with the deputy Chairpersons and the members. (2) Should at least two members so demand, the Executive Chairperson shall convene the Austrian Parliamentary Commission for the Federal Armed Forces within a fortnight. (3) The meeting shall be convened in written form, this to include an agenda and be delivered to the members of the Austrian Parliamentary Commission for the Federal Armed Forces, as well as its advisors, by registered post, if possible eight days in advance of the meeting. (4) This shall include the documents necessary for a decision, any measures which may already have been taken, as well as a proposal by the rapporteur to be decided on by the Austrian Parliamentary Commission for the Federal Armed Forces. (5) Requests pursuant to section 21, para 3, 2001 Defence Act, by the Federal Minister of Defence and Sports require a separate item on the agenda. The Executive Chairperson shall annex, to such a request, a statement by the Federal Ministry of Defence and Sports, which has to include the ascertained facts and the reasons for the intended rejection of the appeal, as well as a proposed statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces. (6) If a member’s inability to attend is already established at the time the meeting is convened, the respective substitute member shall be sent the necessary documents by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. Should an inability to attend develop at a later date, the respective member shall be required to forward the invitation and documents to the substitute member and to inform the Executive Chairperson or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces of her/his inability to attend.

Meetings section 8 (1) The Executive Chairperson shall open, chair and close the meeting after the agenda has been worked through. S/he may suspend the meeting for a short time, or adjourn it; the new date shall be fixed immediately, or communicated to the members of the Austrian Parliamentary Commission for the Federal Armed Forces by the Office separately. 44 Appendix Legal References

(2) In case s/he is prevented from attending at short notice, the Executive Chairperson may entrust the deputy stipulated in section 1, para 6 with the tasks listed in para 1. (3) The Austrian Parliamentary Commission for the Federal Armed Forces may agree on changing or amending the agenda. (4) In the following cases a complaint – except for an ex officio investigation – shall not be dealt with and the procedure shall be ceased: a) If a person ineligible for a complaint (section 2, para 1) has lodged a complaint, b) if personal involvement (section 12, para 1, General Duty Regulations) cannot be proved, c) if no military, work-related grievances are alleged. This is also the case if the complaint exclusively concerns civil service law-related matters of tenured or contractual civil servants (and no other military work-related grievances are alleged). d) if the complaint is retracted of the complainant’s free will, e) if in the case of complaint a recommendation has already been decided and there is no reason for reopening the same, f) if the alleged grounds for complaint are negligible (section 4, para 4, first sentence, 2001 Defence Act), g) if the limitation period has been exceeded (section 4, para 4, fourth sentence, 2001 Defence Act). (5) In all other cases the complaint has to be dealt with materially. This also includes cases, a) in which there is the formal possibility of appealing to the supreme courts or the independent administrative senates, which, however, have no material decision-making authority; b) in which a deadline has expired so that further disciplinary or court procedures are not permissible. If in a case of complaint there is also a disciplinary or court case pending, the complaint shall not be dealt with until the case is settled. (6) If it falls within the Austrian Parliamentary Commission for the Federal Armed Forces’s competence, the Austrian Parliamentary Commission for the Federal Armed Forces shall deal with the complaint or the result of an ex officio investigation (examination, hearing, etc.). As regards the settlement thereof, the Austrian Parliamentary Commission for the Federal Armed Forces shall agree on recommendations, or, on the basis of a concrete case, a general recommendation. (7) In case of complaints or of ex officio investigations, in which measures have already been taken by the Federal Minister of Defence and Sports or offices within her/his purview, an agreement shall be reached as to whether these measures are to be deemed adequate. (8) All members of the Austrian Parliamentary Commission for the Federal Armed Forces are authorised to submit motions to be agreed on. The advisors shall be given

45 Appendix Legal References

the floor just as the other members, whenever they so wish. The advisors shall furthermore be obliged to provide information if members so wish. (9) If the respective rapporteur or a member deems necessary an on-site investigation, the hearing of complainants or complainees or the summoning of witnesses or experts, they shall submit a pertinent request to the Presidium or during the meeting of the Austrian Parliamentary Commission for the Federal Armed Forces. In case of such a request having been granted, the Austrian Parliamentary Commission for the Federal Armed Forces shall determine a deadline for the implementation of the decision. (10) The decisions taken by the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to para 6 shall be signed by the members present at the meeting and subsequently forwarded to the Federal Minister of Defence and Sports. (11) The stipulations of paras 7, 8 and 10 shall analogously apply to the procedure of agreeing upon a statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 3, 2001 Defence Act. The meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall not be public.

Minutes of meetings section 9 (1) Minutes shall be taken for every meeting of the Austrian Parliamentary Commission for the Federal Armed Forces, containing the names of those present and all decisions taken at the meeting and including, attached thereto, a copy of the agenda. (2) If decisions are not taken unanimously, ays and nays shall be included in the minutes. Any member may have a detailed description of pros and cons brought forward by her/him for/against a motion entered into the minutes. The minutes shall be examined for correctness by the Executive Chairperson and signed by her/him, as well as by the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. It shall be available for inspection at the following meeting.

Annual report section 10 (1) By the end of January of every year, the Executive Chairperson shall have sent a draft version of the report on the previous year’s activities and recommendations of the Austrian Parliamentary Commission for the Federal Armed Forces (section 4, para 5, 2001 Defence Act) to the members of the same. (2) If the processing of complaints results in recommendations or observations with an importance extending beyond the individual case, then these, so as to prepare the annual report, shall be included in a note by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces following a directive by the Executive Chairperson. (3) The activities of the Austrian Parliamentary Commission for the Federal Armed Forces concerning statements pursuant to section 21, para 3, 2001 Defence Act shall be reported in a separate section. 46 Appendix Legal References

(4) The final version of the annual report, which takes members’ suggestions into consideration shall, after it has been agreed upon by the Austrian Parliamentary Commission for the Federal Armed Forces, be submitted to the Federal Minister of Defence and Sports no later than 1 March.

47 Appendix Vienna Memorandum

Vienna Memorandum Vienna, 27 April 2010

The Role of Ombuds Institutions in Promoting and Protecting the Human Rights of Soldiers and Veterans

The 2 nd International Conference of Ombuds Institutions for the Armed Forces, hosted in Vienna, Austria, from 25 to 28 April 2010 takes ahead the cooperation process of these independent institutions, as is expressed in the Berlin Declaration , according to which the control of armed forces is a relevant function in countries with a democratic constitution, providing transparency and reinforcing confidence in the armed forces.

The long-term goal is to strengthen the divergent legal and other framework conditions for these controlling bodies, as far as they have been installed, which currently exist in various shapes, ranging from parliamentary ombuds institutions to military bodies in charge of controlling the armed forces.

48 Appendix Vienna Memorandum

The Vienna Conference is focused on the role of ombuds institutions in promoting and protecting the human rights of soldiers in peacetime and during operations as well as their welfare after an operation.

Against this background, the Vienna Memorandum is to lay the basis for successful international cooperation in the interest and for the benefit of all soldiers.

The conferees declare that

1. The promotion and protection of the human rights of soldiers and veterans in peacetime and during operations is a central concern,

2. Particular attention is paid to a respectful handling of the diversity in armed forces with regard to gender, sexual orientation, ethnicity and religion,

3. Increased attention is paid to the effects of a possible post-traumatic stress disorder of soldiers,

4. The support and the welfare of the families of members of armed forces are of great importance,

5. The various legal and other framework conditions for ombuds institutions for the armed forces are to be strengthened and a handbook and a website on the situation of the ombuds institutions in the respective countries is to be developed,

6.

7. It should be considered to facilitate cooperation between ombuds institutions in order to support and protect human rights, fundamental freedoms and welfare of soldiers in international military operations,

8. The periodic continuation of the cooperation process be kept up,

9. The conference be continued in Serbia in 2011 and

10. Canada and Norway have been approached to host a conference in 2012 and 2013 respectively.

49 Appendix Photographs

Photographs

Presentation of the Annual Report 2009 to the President of the National Council...... 51 2. 2 nd International Conference of Ombuds Institutions for the Armed Forces (ICOAF)...... 52 Inspection of EUFOR ALTHEA in Bosnia Herzegovina ...... 55 Inspection of AUSBATT - AUCON/UNDOF in Syria ...... 56 Visit of the Armed Forces Commissioner of the German Bundestag...... 58 Important guests in the office of the Austrian Parliamentary Commission for the Federal Armed Forces...... 58 Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces...... 59

Seite 50 Appendix Photographs

Presentation of the Annual Report 2009 to the President of the National Council on 17 March 2010

Prof. Walter Seledec, President Anton Gaàl, MP (National Council) Mag. Barbara Prammer, former MP (National Council) Paul Kiss, and Mag. Karl Schneemann.

The President of the National Council Mag. Barbara Prammer was briefed on current events and activities of the Austrian Parliamentary Commission for the Federal Armed Forces.

Seite 51 Appendix Photographs

Second International Conference of Ombuds Institutions for the Armed Forces, Vienna, 25 - 28 April 2010

The conference participants on 26 April 2010 in front of Parliament

Seite 52 Appendix Photographs

Second International Conference of Ombuds Institutions for the Armed Forces, Vienna, 25 - 28 April 2010

President of the National Council, Mag. Barbara Chancellor Werner Faymann welcomes the Prammer, opens the conference in Parliament. participants.

President Anton Gaál Mag. Barbara Prammer Chancellor Werner Faymann

Ambassador Dr. Theodor Winkler General Mag. Edmund Entacher Reinhold Robbe, Parliamentary Commissioner for the Armed Forces of the German Bundestag

Seite 53 Appendix Photographs

Second International Conference of Ombuds Institutions for the Armed Forces, Vienna, 25 - 28 April 2010

President Anton Gaál chaired the conference and the discussions of manifold topics.

Seite 54 Appendix Photographs

Inspection by the Austrian Parliamentary Commission for the Federal Armed Forces of EUFOR ALTHEA in Bosnia-Herzegovina from 14 June to 15 June 2010

The Austrian Parliamentary Commission for the Federal Armed Forces could assure itself of the operational readiness of the helicopters.

Dr. Valentin Inzko, High Representative and EU Special Representative for Bosnia and Herzegovina described the political situation.

Seite 55 Appendix Photographs

Inspection by the Austrian Parliamentary Commission for the Federal Armed Forces of AUSBATT - AUCON/UNDOF in Syria from 9 November to 12 November 2010

President Anton Gaál, Lieutenant General Mag. Günter Höfler and LtCol Karl Wolf inspecting the guard of honour in Camp Faouar.

Austrian soldiers secure the peace on Mt Hermon, the highest UN position worldwide (2,814 m).

Seite 56 Appendix Photographs

Inspection by the Austrian Parliamentary Commission for the Federal Armed Forces of AUSBATT - AUCON/UNDOF in Syria from 9 November to 12 November 2010

The members of the Austrian Parliamentary Commission for the Federal Armed Forces had intensive discussions with the soldiers of the UN positions.

Seite 57 Appendix Photographs

Visit of the Parliamentary Commissioner for the Armed Forces of the German Bundestag in Vienna on 18 November 2010

The newly-elected Parliamentary Commissioner for the Armed Forces of the German Bundestag, Hellmut Königshaus, and his staff visited the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces (left to right) Mag. Karl Schneemann, Karl-Dietrich Haase, President Anton Gaál, Parliamentary Commissioner Hellmut Königshaus, former MP (National Council) Paul Kiss, Rene Hoffmann

Important visitors in the office of the Austrian Parliamentary Commission for the Federal Armed Forces

On the occasion of his seventieth birthday President Anton Gaál welcomed most senior visitors in the office of the Austrian Parliamentary Commission for the Federal Armed Forces.

Seite 58 Appendix Photographs

Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces in the Parliamentary reception rooms on 25 November 2010

The annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces has become a tradition to which President Anton Gaál welcomed national and international guests.

Seite 59 Appendix Photographs

Annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces on 25 November 2010 in Parliament

President of the National Council Mag. Barbara Prammer, President Anton Gaál and General Mag. Edmund Entacher enjoying themselves.

Former MP (National Council) Paul Kiss and President Anton Gaál talking shop with Federal Minister of Defence and Sports Mag. Norbert Darabos.

Seite 60 Appendix Photographs

Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces in Parliament on 25 November 2010

Bosko Silegovic, Military Commissioner of Bosnia-Herzegovina, in confidence-building discussions with President Anton Gaál, Mag. Karl Schneemann and Prof. Walter Seledec.

Colonel Eduard Nagel, Commander Armed Forces Clothing Depot, and soldiers presented the woodland and desert uniforms

Seite 61