National Council: Clarify new investigative abuse allegations against the police

2023-07-06 22:14:20

Opposition criticizes settlement in the Ministry of the Interior

Vienna (PK) – Der National Council The majority today spoke out in favor of setting up a new investigation and complaints office to clarify allegations of mistreatment once morest the police. Equipped with comprehensive police powers, it is to be established as a separate organizational unit in the Federal Office for the Prevention and Combat of Corruption (BAK), which is part of the Ministry of the Interior.

Sea government bill it was deliberately set up “outside the classic hierarchy of the security executive”. However, the SPÖ and NEOS did not see independence as adequately ensured and advocated the establishment of the investigative body entirely outside the interior ministry. The Freedom Party fundamentally disputed their usefulness and spoke of a “defamation point”.

In addition to an interdisciplinary and multi-professional staffing of the investigative body, a specialized training of the employees is planned. In order to ensure that tasks are carried out in accordance with the law, an independent advisory board that is not subject to instructions should also be set up at the Federal Ministry of the Interior. According to the government bill, instructions in connection with the activities of the investigative agency not only have to be given in writing and justified, but also to the advisory board that is to be set up. In addition, the investigative agency will in future also be responsible nationwide for criminal investigations into the exercise of direct coercive force resulting in death and the use of weapons endangering life.

Plenary debate on the independence of the investigative body

The executive contributes significantly to the feeling of security in the population, said SPÖ MP Sabine Schatz in the plenary session. Nevertheless, it should not be concealed that there are also cases of discrimination or abuse in the ranks of the police. According to Schatz, each of these cases must be investigated without establishing a general suspicion, since they would also damage the general reputation of the police. In cases of abuse, the impression should not be given that there are no consequences. Nevertheless, her parliamentary group will not agree to the establishment of the investigative body, since its establishment in the Ministry of the Interior cannot guarantee independence. Dietmar Keck (SPÖ) addressed the dangers of prejudice for police officers if allegations were not consistently clarified.

Stephanie Krisper from NEOS also pleaded for clarity in cases of abuse, which would benefit both those affected and the “honest police officers”. She was also of the opinion that this clarity might not be ensured by an investigative body within the interior ministry. The ÖVP has had “a hand in the Ministry of the Interior” for many years, explained Krisper and spoke of “systematic post corruption”. According to her perception, the SPÖ would have been quite open to a two-thirds majority, which would have been needed for a constitutional change to locate the investigative agency elsewhere. NEOS would now observe the development of the position “with eagle eyes”.

Wolfgang Gerstl (ÖVP) addressed the difficulty of the police profession and referred to the high level of trust that the executive enjoys among the population. The use of command and coercion must therefore never be carried out arbitrarily and must always represent the last resort. According to Gerstl, there were over 23,000 such coercive measures in Austria in 2022 and only 322 suspicions of excessive police violence. In contrast, there are three times as many police officers who were injured while on duty.

The planned investigative body is particularly important for unjustly accused police officers, said Georg Bürstmayr from the Greens. He was satisfied with the “cultural change” in the police force, which, among other things, the multi-professional nature of the position might bring with it. This makes it possible to generate a picture that is as “complete as possible from different perspectives”. Bürstmayr also left no doubts regarding the independence of the investigative body, since “not their address” but the strict separation from the police is decisive – and this is still secured with other “fire walls” such as the advisory board. After the assessment phase, this will now be filled 100% by civil society and not by members of a ministry.

The FPÖ turned completely once morest the investigative body. Their mandatary, Werner Herbert, spoke of a “defamation and change agency” through which the work of the police was “trampled underfoot”. He was particularly concerned that it should also be staffed by representatives of those NGOs who, in his view, together with the Greens, did not miss any opportunity to “put the executive in a bad light”. In addition, there are already independent disciplinary authorities, the Ombudsman Board or courts that would take care of cases of abuse, according to Herbert. His parliamentary colleague Christian Ries emphasized that the police service, especially in urban areas, is like “riding on a razor blade”, since the behavior of some sections of the population towards the executive is becoming increasingly aggressive. Therefore, such a position, which practically represents a “wordless general suspicion”, is counterproductive, especially with regard to the declining number of applicants for the police, explained Ries.

Interior Minister Gerhard Karner thanked all police officers for their challenging work “in a sensitive area of ​​conflict” that arises, for example, with the COVID-19 demonstrations or the actions of the “climate stickers”. He also insisted on the independence of the new body, which would be clearly outside of police structures. Against the concerns of the FPÖ, he countered that there had been similar points of criticism in view of the introduction of body cams. As a result, however, it turned out that these ultimately benefited the police officers more than harmed them, says Karner. (Continued National Council) wit

NOTE: Meetings of the National Council and the Federal Council can also be followed via live stream and are available as video-on-demand in the Parliament Media Library accessible.

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