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The terrorist attack in Vienna has been addressed, at least in terms of security. The commission created by the Ministry of the Interior and Justice led by criminal lawyer Ingeborg Zerbes presented its final report on Wednesday, which describes the flaws in the security apparatus, but also criticized the government’s plans for new anti-terrorist measures. At least Interior Minister Karl Nehammer (ÖVP) still wants to stick with its implementation.
8:31 am, February 11, 2021
On All Souls’ Day in 2020, an Austrian of Macedonian origin killed four people in an act of terrorism in central Vienna and was later shot by the police. The man had a relevant criminal record, and it was later revealed that the state security service knew that he had met Islamists from Germany and Switzerland in Vienna and that he had tried in vain to buy ammunition in Slovakia.
The head of the Zerbes commission on the Vienna attack
In light of this, it was moderately surprising that the Zerbes Commission discovered grievances. Defects on the part of the protection of the constitution were pointed out, for example, with the risk assessment program for people in distress, with data processing and information flow between individual authorities.
The questions were left unanswered
The commission criticizes, for example, that the Islamist meeting in the federal capital, which was observed by state security, apparently was not reported to the general leadership. The Commission’s inquiries about whether individual information on terrorist threats “was reported upward was not answered conclusively,” says the final report, which leaves a question mark.
The Director General of Public Security, Franz ruf, commented on Thursday in the morning newspaper Ö1 and confirmed that he had not been informed about the meeting of the jihadists and the attempted purchase of ammunition in Slovakia. He also announced it to the Commission orally and in writing.
Work environment in BVT “destroyed”
The “initial evaluation” of the subsequent attacker was only completed after ten months, a “synopsis” was planned for mid-November, and therefore, two weeks after the attack, it is further criticized. The Zerbes Commission finds it problematic that individual state offices and the Federal Office for the Protection of the Constitution and the Fight Against Terrorism (BVT) cannot inspect the data of the other authorities, but instead have to request specific files. He called the working atmosphere at BVT “shattered.”
“The most surprising thing that we have noticed is that there is no efficient and professional exchange of data between the individual authorities responsible for state security,” Zerbes said.
Ruf justified the slow data exchange with Ö1 with the fact that the operational information was “highly sensitive and classified” data. These would have to be discussed, analyzed and processed in the structure of the information. However, in hindsight, it would have been appropriate to inform the judiciary more quickly, Ruf said.
Minister of the Interior encouraged in reform efforts
The Interior Minister saw his reform efforts strengthened by the report. The most important inference from the commission’s report is to massively advance constitutional protection reform, as stressed by department head Karl Nehammer (ÖVP) at a press conference. Most important in the reorganization is the separation of the intelligence service from the state police. Communication processes would have to be carefully evaluated and communication losses between Federal Office and State Offices should be minimized. In addition, the workforce will double.
Nehammer, on the other hand, is unhappy with the commission’s additional comments, namely those related to the government’s plans to initiate legal action as a result of the attack. The committee assumes that the attack in the city center “does not reveal any deficit in the current criminal legislation against terrorism.” In this area “there is no need for additional information”.
The Zerbes Commission describes the new planned crime of a religiously motivated extremist association as “superfluous” and constitutionally questionable. The Zerbes Commission rejects as inappropriate the proposal to provide “detainees” convicted of an extremist crime with “accommodation” beyond their sentence, for example, in the execution of measures. On the contrary, experts propose a structurally improved and financially higher de-radicalization.
Nehammer rejected the criticism. The Interior Minister defended the measures, stating that preventive measures should be taken. Vice Chancellor Werner Kogler (Greens) was more cautious. Now all the declarations “but especially those of the Commission” will be carefully examined and analyzed. “Some things are good in the counterterrorism package, others will still have to be evaluated here, even from us, where we have indeed received critical comments.”
For the SPÖ, the report shows that there are “considerable deficiencies in the fight against terrorist crimes” and that a complete reorganization of state security is necessary. Nehammer should resign, he thinks SPÖ, FPÖ and NEOS did the same. For FPÖ security spokesman Hannes Amesbauer, trust in the Interior Minister has long been “exhausted”. The commission’s findings are in part chilling. NEOS spoke of a “disastrous state” of state security and of “imminent danger”. The fact that “obstacles” were put in the way of the Commission in its work also required detailed examination.
This is where the coalition partner comes in. Be completely unacceptable that the BVT apparently withheld information from the CommissionSigrid Maurer, President of the Green Club, said: “After the apparent failure of the BVT, the public has the right to be fully and transparently informed about all complaints from the responsible authorities.” The Minister of the Interior must now immediately deliver a complete reorganization of the Federal Office.
Kogler, who currently manages the agendas for the Minister of Justice, claimed that authorities and department employees essentially “did everything correctly and correctly” for a long time.