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Justice Minister Alma Zadic: Second report for publication
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The work of the commission of inquiry created on Thursday to accept the November 2 terrorist attack has largely not been made public. “If we want to shed light on everything, even in the areas of intelligence and police, then a certain degree of secrecy is of great importance,” Justice Minister Alma Zadic (Verdes) told reporters. Only “conclusions and certain analyzes” should be published.
The commission of inquiry, headed by Ingeborg Zerbes, professor of criminal law, will present the first results in four weeks and a final report at the end of January. Zadic said that the Ministry of the Interior and Justice will analyze what can be published together with the Commission. In any case, a confidentiality agreement should allow the members of the commission to inspect all relevant documents. There should also be interviews with “relevant people”.
The commission will deliver a total of three reports, of which only one is intended to be published. The first report includes the chronological presentation in four weeks, the final report at the end of January and: “This report must be accompanied by a report that is suitable for publication, especially taking into account the obligations of confidentiality and data protection”, said the government resolution sent to the APA on Friday.
The Justice Ministry claims the question of which parts of the report will be published and which will not follow clear legal guidelines. According to this, classified information that is confidential towards foreign intelligence services, as well as information relevant to data protection law, cannot be published.
The ministerial conference on the establishment of the commission of inquiry also stipulates that the five members must undergo a security check of the “top secret” classification level before starting their work.
According to Zadic, the former Munich police chief Hubertus Andrä was called in because he had experience in terrorist attacks. His appointment to the commission had nothing to do with the controversial practice of detention for security reasons in Bavaria, the minister said. He made it known that preventive detention of this type would not have been necessary for the attacker on 2 November. “He could have been locked up again quickly,” the justice minister said, referring to information about the 20-year-old Islamist that was not transmitted to the judiciary by the Office for the Protection of the Constitution (keyword: failed purchase of ammunition in Slovakia).
The government announced Wednesday that it would seek a human rights-compliant way to prevent terrorist criminals from getting out of jail. This is generally used for “mentally abnormal lawbreakers.” On the other hand, the existing possibility of locking up dangerous repeat offenders is rarely used in the implementation of measures. However, a minimum age of 24 applies here, and the offender must also be a repeat offender of violent, sexual, property, or drug-related crimes. Now it will be examined whether this possibility could be extended to crimes of terrorism.
Zadic wants to take this opportunity to reform the implementation of measures. More experts and a different system are needed to check if someone is “mentally abnormal” or not. In the end, the reform that had been planned for some time has always failed because of the money: “I have high hopes of getting it.”
Zadic has made it clear that the package of measures planned by the government does not foresee a separate prosecutor’s office to combat terrorism. Rather, according to the minister, the creation of groups specialized in terrorist crimes is foreseen within the existing prosecutor’s offices.
In addition, the Minister of Justice assured that the measures planned by the government will move “within the existing constitution and the ECHR (human rights agreement).” There is no preventive detention, Zadic emphasized in an interview with the “press.” An electronic terrorist shackle could only be made available after a conditional release until the prison sentence has been served.
“This is about the possibility of electronic surveillance of the residence after a conditional release,” Zadic said to the ankle, so that the conditions of the court are verified, for example, if someone adheres to the prohibition of entering certain clubs. “After serving the prison sentence, surveillance is in any case a matter for the security authorities and the secret service,” Zadic clarified.
Regarding the new announced criminal offenses against political Islam, the Green Justice minister also emphasized that one cannot focus only on a certain religion: “Constitutionally, it is clear that only religiously neutral formulations can be used.”
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