The Pilnacek case

Zadic identifies problems with politically related proceedings

Justice Minister Alma Zadic (Greens) confirmed that there had apparently been interventions or information leaks in politically related proceedings.

(Bild: Krone KREATIV/Peter Tomschi, Martin Jöchl, stock.adobe)

A commission of inquiry set up by the Ministry of Justice has confirmed political interventions during the term of office of the deceased former head of section Christian Pilnacek. As a consequence, the commission called for the establishment of an independent public prosecutor's office.

At the presentation of the report on Monday, Martin Kreutner, head of the commission, said that the findings were "positive" because they were accurate. Pilnacek had reported on attempts by the ÖVP to influence investigations during a secretly recorded meeting with acquaintances in a pub. "In principle, the Austrian justice system is a very good one," Kreutner said before the "findings". However, in the opinion of the commission, it has been shown that there is a "two-tier justice system". A lack of distance from politics and the media was also noted, as well as a sometimes highly frustrating process of appeal.

The former President of the Bavarian Constitutional Court, Peter Küspert, cited a meeting between Pilnacek and the justice spokesperson of a party - not the ÖVP, according to Kreutner, as he later emphasized on Ö1's "Mittagsjournal" - whose "high-ranking government members" had been investigated in an advertising case as a concrete example of transgressions. Pilnacek had also had discussions with those accused in the CASAG affair. However, judicial officials had also been informed on an ongoing basis in proceedings against them.

Feldkirch Regional Court President Angelika Prechtl-Marte, Chairman of the Investigation Commission Martin Kreutner and former Bavarian Constitutional Court President Peter Küspert

(Bild: APA/MAX SLOVENCIK)

About the tendency to favour one's own members
Another "phenomenon" is the "tendency in closed organizations to favour members of their own group", according to Küspert. This concerns, for example, official secrets, data protection and bias regulations. The report also identifies "close relationships", "rope teams" and "political ingratiation" as well as a "pseudo-cameral structure". Confidential information - for example on house searches - is passed on to political representatives via messenger services.

The commission also identified a "fog of responsibility" surrounding prosecution proceedings. Accusations within its own ranks were also not dealt with appropriately. Finally, there was also open criticism of the fact that there had been "party political efforts" to weaken the Economic and Corruption Prosecution Office (WKStA).

In addition to the establishment of a Public Prosecutor General's Office and the "abolition of two-tier justice", the commission recommends, among other things, the "elimination and strengthening of the WKStA while at the same time removing the 'federal eye of the needle' of the Vienna Public Prosecutor's Office as an instance" (this is currently the superior authority of the WKStA, note). All public prosecutors are also to be invited to make a public statement regarding "(necessary) distance from politics and equidistance from individual political parties" and the media.

Justice Minister Alma Zadic (Greens)

(Bild: APA/TOBIAS STEINMAURER)

Deliberately delayed proceedings
Another demand is to limit the prosecution process to two instances while at the same time strengthening judicial control and reducing reporting. This plays a role above all in so-called "clamorous cases", which currently have to be reviewed by numerous people in the senior public prosecutor's office and the Ministry of Justice. The President of the Feldkirch Regional Court, Angelika Prechtl-Marte, reported that proceedings had been deliberately delayed. In connection with a politically prominent case, buzzwords such as "doing a lap of honor" or "playing for time" had emerged out of fear for the sake of the coalition.

The original report comprises 230 pages and the investigation period was from January 1, 2010 to December 14, 2023. The commission, which was set up in December of last year, investigated for six months. The report was submitted to the Ministry of Justice on Sunday. However, it will not be published in full immediately, but "promptly". As the owner of the media, the ministry has asked for a few more days to clarify the publication in terms of media law, according to Kreutner.

Power must be shared between several shoulders.

Justizministerin Alma Zadic (Grüne)

Bild: APA/HANS KLAUS TECHT

Zadic: "Must take results seriously"
 After the press conference, Justice Minister Alma Zadic (Greens) reported that two reports had been submitted to the Ministry - one without and one with redactions. The latter was intended for publication. The other also contained sensitive data and was only intended for internal use. She did not provide any details on this data.

The Minister reiterated that the results show that the reforms she recently implemented were the right ones. The judiciary had been made more independent. "Nevertheless, the commission has also produced results that we must take seriously." The judiciary was found to be functioning. However, there had apparently been interventions or the passing on of information in politically related proceedings. It is also possible that "unpleasant" proceedings were aborted.

Zadic hopes that talks with the ÖVP about a general prosecutor's office could now become easier. The report shows that concentration of power is a danger, she emphasized. "Power must be shared across several shoulders." It is important that decisions are made in senates at the top of the public prosecutor's office, Zadic reiterated a demand she had already repeatedly formulated. The coalition has not yet been able to reach an agreement on this point. The ÖVP has so far spoken out in favor of a single person at the head of the authority.

SPÖ: "Fears confirmed"
 The ÖVP did not want to assess the report in detail as it had not yet been published, as Secretary General Christian Stocker explained in a written statement. Only this much: "The Kreutner Commission is harshly critical of internal processes in the judiciary and the Ministry of Justice." As far as the accusation of attempted political interventions is concerned, Kreutner emphasized that these had not only come from the ÖVP, but from several parties.

The commission had "unfortunately confirmed our fears", said SPÖ justice spokesperson Selma Yildirim after the presentation. Now it is important to draw the right conclusions. For FPÖ Secretary General Christian Hafenecker, the report confirms that the "deep state of the ÖVP" does indeed exist. And for the deputy chairman of the NEOS parliamentary group, Nikolaus Scherak, the "list of omissions and misconduct" is alarming.