ÖVP U-Committee: Chief Public Prosecutor Fuchs is charged
As a result, Fuchs was temporarily suspended on Wednesday, effective immediately, the Justice Department said. “The reason for the measures was that, in view of the indictment, the suspension was necessary with regard to the nature or severity of the alleged breach of duty in the interests of the service or to protect the reputation of the profession,” the ministry justified the step. Exactly what Fuchs is accused of by the ministry has not been communicated.
The suspension was brought to the attention of the Supreme Court as the competent disciplinary court – which must now decide. Fuchs was under pressure after messages were published between him and the section head Christian Pilnacek, who was also suspended. Among other things, the two had talked about the observation of a WKStA employee as part of the service and technical supervision. There was also an allegation that Fuchs could have forwarded Pilnacek information on the status of the proceedings – for example in the Gernot Blümel case.
Case at the public prosecutor’s office in Innsbruck
The public prosecutor’s office in Innsbruck had initiated investigations against Fuchs on suspicion of breach of official secrecy – the presumption of innocence applies. Even the spokesman for the Innsbruck public prosecutor, Hansjörg Mayr, could not say why Fuchs was charged. It is an act of closure. The division of responsibilities of the Vienna Public Prosecutor’s Office had already been changed in essential points in the previous year due to the allegations. Since then, Fuchs has no longer been responsible for any matters relating to the WKStA.
Investigations against Sobotka, charges against Fuchs
According to media reports, the President of the National Council, Wolfgang Sobotka (ÖVP), is being investigated for abuse of office. And the chief public prosecutor, Johann Fuchs, was suspended and will be charged.
When questioning Justice Minister Alma Zadic (Greens), the status in the disciplinary investigation against Fuchs from the SPÖ was still being asked. A report on the cause was in the ministry, she cannot say more to the media, Zadic stated during her questioning. The part of the survey that was open to the media was followed by another confidential meeting, where the status of the investigation into the cause was then the topic – and subsequently leaked out.
“Massive strength of our work”
In any case, the public prosecutor’s office in Innsbruck is currently supervising the WKStA. Since that has been the case, the work of the WKStA has been much better than before, Vrabl-Sanda told MPs on Wednesday. The head of the agency once again described how she perceived the cooperation with Fuchs and Pilnacek.
The distortions within the judiciary are well known, the WKStA complained since the beginning of the “Causa Ibiza” repeated “interference” against their work and defamation. According to the chats that have become public, Fuchs started the “SoKo Tape”, which was to act as “accompanying risk management” in the “Ibiza” case. The “Ibiza video” itself also hit the SoKo, but the WKStA was not informed. Most recently, the desired observation of corruption prosecutors in the context of service and technical supervision caused an uproar in the authority.
Vrabl-Sanda said that pressure had been exerted on the WKStA from several sides, that the investigations had been made more difficult “for outside the criminal law”. Reporting requirements and other procedures have seen “a massive statement of our work”. In addition, errors and points of attack against the authority were actively sought.
Now, on the other hand, “the sword of Damocles” no longer hangs constantly from disciplinary consequences over investigators. According to Vrabl-Sanda, the situation has improved “considerably” in the past few months. It needs control, especially in the area of responsibility of the WKStA – but an independent one, “free of irrelevant arguments”.
“Inglorious Chapter” is to be closed
The chat messages now formed the basis for a thorough processing of “the conditions, which were also unbearable for me”, the “inglorious chapter” had to be closed, while lessons were learned from it. Individual disciplinary measures are not sufficient for this. The system had to be improved in such a way that “unfair” things were not discovered solely through random developments, and also so that all power was not in one hand. In addition, Vrabl-Sanda appealed again for an increase in the WKStA.
The head of the authorities had withdrawn the investigative order from “Soko Tape”, contact person for Pilnacek and Fuchs. She had also called for the legal protection officer Gabriele Aicher to be excluded from all “Ibiza” investigations. Aicher had criticized the house searches in connection with the investigation into the advertisement affair. It later became known that she had sought advice on the announcement from the law firm representing a suspect in the advertisement affair. Vrabl-Sanda said on Wednesday that it should be checked whether Aicher broke an official secret.
Zadic defends himself against the opposition
Zadic had previously defended her measures in the department as the first person to provide information of the day. Above all, the MPs wanted to know from her what the minister had done so that the judiciary could work independently in the relevant cases.
The published chats, which suggest many attempts to influence the work of the judiciary, are “repulsive” for many people and reveal “a moral image,” said Zadic. “I started correcting the mistakes of the past as soon as I started,” said Zadic.
In particular, she put the supervision of the public prosecutor’s office in the Ministry of Justice on a completely new footing. New posts for the WKStA are planned. She had also previously withdrawn Fuchs’ powers.
She did not discover any possible political influence on investigations, said Zadic. The U-Committee is responsible for examining this question. “No one tried to influence the procedures in my case, I can’t say more about that,” said Zadic, who also emphasized that she did not read any chats apart from media reports.
NEOS faction leader Krisper did not go far enough with the measures in the Ministry of Justice. For example, they have the impression that there are not enough interested parties in the judiciary who would come forward to investigate sensitive cases. These are afraid that they will not have the backing they need when attacking. FPÖ parliamentary group leader Hafenecker said that although he had the impression that Zadic “has no bad intentions”, he could not assert himself against ÖVP networks in the ministry. Even if Fuchs and Pilnacek don’t have more options than before, their deputies are still involved and continue to have some technical supervision, according to Hafenecker.
reform program announced
The actual question has already been clarified anyway, SPÖ parliamentary group leader Krainer: The WKStA had been hampered in its work by “ÖVP networks”. The Greens, ruling with the ÖVP, also saw attacks on the judiciary confirmed, as their MP David Stögmüller said. As expected, the ÖVP itself did not see any political influence. The fact that the WKStA regularly has conflicts with other authorities is probably due to itself, according to Christian Stocker from the ÖVP.
Zadic announced further reforms on Wednesday shortly before the start of the questioning in the committee. In the course of the legislative period, as part of the “Justice 2030” project, he wants to collect and examine proposals to strengthen the independence of the judiciary and “structurally secure it”. According to Zadic, changes in the organizational structure are possible.
Brandstetter loaded next
On Thursday, the focus will be on the judiciary when the former ÖVP Minister of Justice Wolfgang Brandstetter speaks as an informant. After the publication of chats with Pilnacek, he came under pressure and as a result even withdrew as a constitutional judge. He is being investigated on suspicion of violating official secrecy because he is said to have instigated Pilnacek to reveal a house search – the presumption of innocence also applies here. After Brandstetter, former interior minister Eckart Ratz will join the committee, followed by a former head of cabinet in the Ministry of Justice.