The Ministry of Justice confirmed an online report in the “press” on Monday. Accordingly, the Ministry of Justice issued a corresponding instruction on Monday evening, which corresponds to the request of Kurz’s legal representative.
The Ministry of Justice stressed in a broadcast on Monday evening that the decision had been made “solely for legal reasons”. “It is expressly stated that this decision is not linked to any reservation by the Ministry of Justice with regard to the prosecutor in charge.” The further course of the proceedings remains in the hands of the corruption public prosecutor: “As the public prosecutor’s office, the WKStA remains master of the proceedings.”
VP attacks against WKStA
The WKStA investigates after a complaint against Kurz because of the suspicion of having incorrectly informed the Ibiza investigation committee on several points. In essence, it is about the question of how intensively Kurz under Turquoise Blue was involved in the reform of the ÖBAG state holding company. During his questioning in the committee, the Chancellor had downplayed his role in the selection of the supervisory board and in the appointment of the controversial ex-ÖBAG boss Thomas Schmid and spoke of normal processes. Chat logs that emerged later, however, suggest close coordination between Schmid and Kurz.
ÖVP lawyer Werner Suppan had demanded that the Federal Chancellor should not be questioned by the public prosecutor, but by a judge. Suppan cited the reason that “it is about a special case and a special personality”. Both Kurz himself and the ÖVP had repeatedly attacked the WKStA in the past and accused it of acting in a party-political manner. Justice Minister Alma Zadic (Greens), on the other hand, stood behind the investigators, the public prosecutor itself complained about political interference against their investigations.
“Really important”
The Ministry of Justice explained in the Monday evening broadcast that the Vienna Public Prosecutor’s Office had contacted the responsible section for individual criminal matters of the Ministry of Justice to clarify whether the legal requirements for an interrogation of the accused by a judge existed in the proceedings against Kurz. The Code of Criminal Procedure (Paragraph 101, Paragraph 2) provides for both a special importance for the accused and a special importance for the offense and therefore an existing public interest in the judicial taking of evidence.
“For the first time, an incumbent Federal Chancellor is being investigated on suspicion of a criminal offense that he allegedly committed during his current term of office and in his function as Federal Chancellor before a constitutionally guaranteed parliamentary control body (Ibiza Committee of Inquiry). Therefore, both the accused and also the criminal case is of particular importance, “the Ministry of Justice explains its decision. This legal view is also shared by the Board of Directors and the responsible Public Prosecutor’s Office in Vienna. The WKStA will now submit an application to the Regional Court for Criminal Matters Vienna that the Chancellor will be heard by a judge on suspicion of false evidence before the Ibiza investigative committee.
It is still unclear when the suspect will be questioned. In any case, Kurz recently emphasized that even if an indictment is brought against him, do not resign. “Yes, of course,” replied Kurz in an interview with “Bild live” when asked whether a defendant could be Federal Chancellor. There was “never anything wrong” with such accusations and they all “turned out to be wrong”. He knows what he has done and what he has not done. “I definitely always deliberately told the truth,” the ÖVP boss affirmed his line of defense.
more on the subject
Criticism of Kurz’s statements came on Monday from the SPÖ and FPÖ. “A chancellor cannot sit in the government bench and the dock at the same time,” said SPÖ federal manager Christian Deutsch in a broadcast. FPÖ constitution spokeswoman Susanne Fürst identified “impertinence on the part of ÖVP Chancellor Kurz” that is “slowly becoming unbearable”. The NEOS were also critical: “The fact that Chancellor Kurz apparently only thinks about the threat of his own indictment, tries once more to discredit the independent judiciary and acquits himself, shows that he is primarily concerned with himself”, so the deputy NEOS club chairman Nikolaus Scherak.
On Monday, however, NEOS also criticized statements by the ÖVP boss from last week: In an interview with “vol.at”, the Chancellor drew a comparison between abuse scandals in the Catholic Church and the judiciary. It must be “possible that the work of individuals may be critically questioned,” he said. “There was one institution that was never questioned before – that is the Catholic Church,” the Chancellor continued. “When there were cases of abuse, some even tried to cover it up – and that was initially disliked when there was public criticism of the church. I think that was not good for the church. I think not Institution should be sacrosanct, “emphasized Kurz. “And everyone should be able to go about their work in peace. But if someone is guilty of something, then it is also legitimate to address it.” He thinks “that we have already seen some problem areas here in the WKStA recently.”
