The searches carried out in February by the Federal Agency for the Protection of the Constitution and the fight against terrorism (BVT) and BVT employees were largely inadmissible, except in a private apartment. This was determined by the Supreme Court of Vienna (OLG) in decisions about seven complaints. However, this has no direct influence on the WKStA investigation procedure.
The prosecutor's office of economic and corruption is now investigating "Impact"
The Public Prosecutor for Economic and Corruption (WKStA) said Tuesday itself in a statement that "now must be investigated, what immediate effects … are connected with it", so how to deal with the results of the investigation, which were obtained on basis of house searches. In a press release, the OLG pointed to an OGH decision according to which this proof may not be annulled. Whether they are exploited, would only be decided in a main process – and then an appeal is possible.
"Suspicion has manifested itself"
That it comes to a lawsuit is very possible. Because the WKStA announced in its release that the originally suspected suspicion of individual accused was clearly expressed & # 39; – and the results are now being evaluated and examined in other procedures. The case goes against eight people accused of suspicion of abuse of office and various corruption offenses. This concerns in particular the copying and storage of actually deleted data or omitted instructions in this respect, as well as the transfer in North Korea which is produced in passport blanks in North Korea to South Korea.
Ministry of the Interior refers to prosecutors
In response to the judgment of the Supreme Court in Vienna, the Ministry of the Interior referred to the jurisdiction of the prosecutor of economic and corruption cases with regard to house searches by BVT. The latter had given the order, so that a court had examined a decision of another.
In short, it goes without saying that judgments must be respected in a constitutional state, it said to the APA from the Ministry of the Interior.
Kickl requires dismissal
The opposition expects consequences from the Minister of the Interior. The SPÖ and Greens immediately called him to step down on Tuesday, the NEOS called "responsibility".
"A Minister of the Interior who violates the law instead of protecting it must go," said Jan Krainer, SPÖ party leader in the BVT investigation committee, in a statement to the APA – and called Federal Chancellor Sebastian Kurz (ÖVP) "his usual silence to take a clear stance on this scandal and kicking Kickl out of his government team." For "it is the job of a minister of the Interior to ensure the maintenance of the public order and not to break the law. "Kickl proves to be more and more than the most dangerous Minister of the Interior of the Second Republic – the Higher Regional Court confirmed, but his house searches carried out by him and his secretary-general Peter Goldgruber were unlawful goods.
It is also time for the green federal council member Ewa Dziedzic to finally retire Minister of the Interior Herbert Kickl. His "list of failures" in terms of BAT is endless – "from the illegal suspensions from above to house searches that should not have taken place, to full damage to the image and dismantling of the Federal Office for the Protection of the Constitution and International Terrorism". Federal councilor David Stögmüller called "Schweigekanzler Kurz and his Lobhudel Vice-Strache" to speak a word of power.
NEOS wait for U-committee
NEOS spokeswoman Stephanie Krisper now sees that the U-committee is at stake after the judiciary has declared "the BMI-orchestrated and totally disproportionate attack on BAT illegal". The committee should clarify what led to the "irresponsible, unprofessional and completely outrageous approach" – apparently it was only "due to much fuss and pressure from the Kickl Cabinet, including bringing in and accompanying witnesses to the WKStA" in house searches, The NEOS representative recalled that the Ministry of the Interior had still not sent correspondence and memoranda to the WKStA about the searches or witness mediation. "Naturally, the Ministry of the Interior and Minister Kickl have something to hide," she concludes.