Ermittlungs- und Beschwerdestelle Misshandlungsvorwürfe
EBM
Summary
The EBM is a distinct organizational unit within the BAK, staffed by interdisciplinary investigators with full police powers but structurally separate from the police agency under review. It accepts complaints from any person and also acts ex officio. An independent advisory board composed entirely of civil society and human rights experts oversees the EBM's work at the Federal Ministry of Interior. Findings are referred to prosecutors or disciplinary authorities; the EBM has no direct discipline power. It holds exclusive nationwide competence for criminal investigations into deaths caused by police use of direct force or life-threatening weapon use, replacing the prior internal-affairs investigation model for those cases.
Independence Scorecard
| Appointment | Executive appointment |
|---|---|
| Term length | Not specified |
| Removal standard | At will (weak protection) |
| Budget independence | Executive discretion |
| Subpoena power | Yes |
| Compel testimony | Yes |
| Records access | Full access |
| Public reports required | Yes |
| Pre-publication review | Executive review |
Statute
- Name
- BAK-G as amended — Abschnitt zur Ermittlungs- und Beschwerdestelle Misshandlungsvorwürfe
- Citation
- BGBl. I Nr. 107/2023 (amending BAK-G, Gesetzesnummer 20006390); operational from 22 January 2024
- Full text
- Full text of law →
Jurisdiction scope
Nationwide jurisdiction over allegations of ill-treatment by federal police; exclusive competence for criminal investigations of deaths caused by police use of direct force or life-threatening weapon use