The state security authorities now know which of the three concerts was the declared target. However, over 800 self-deleting messages could not be restored, and he again called for the monitoring of messenger services.
Information that was subsequently obtained through the analysis of the seized cell phone – such as which explosives were involved, which chemical substances were used and who was part of the suspected assassin’s network – would have been available with the possibility of monitoring messengers as soon as it was known that “he was dangerous”. The content of the 870 self-deleting messages, which can no longer be restored, would also have been known if one had been allowed to “read along”, he said, once again calling for more powers for the DSN.
Werner Tomanek, the 19-year-old’s defense attorney, was critical of the DSN boss’s statements. Haijawi-Pirchner had commented on alleged chat content that was not yet part of the court file that was available to him, said Tomanek. He has now requested “that these parts of the file also be made available to the defense.”
“Serious doubts about the validity of the investigation”
In a conversation with the APA, Tomanek reiterated that, in his opinion, the ingredients found on the 19-year-old were not suitable for building a bomb or explosive device: “Twelve percent hydrogen peroxide is available in every drugstore, freely available to everyone, six percent sulfuric acid is available to anyone for cleaning drains, and Bipa has nail polish remover.” He therefore has “very serious doubts about the validity of the investigation and the conclusions drawn from it,” said Tomanek. He will “commission private investigations to evaluate the entire case,” the defense attorney announced.
As far as his client is concerned, he is “in solitary confinement,” said Tomanek. Until a few days ago, he was not allowed to shave because the justice system was discussing “whether he should change his appearance.” He has now submitted a request to the prison, citing the penal code, to allow the 19-year-old to shave off his beard, reported Tomanek. He no longer wants to appear “like a typical Islamist”: “He has turned away from all of that (meaning: the ideology of IS, ed.). He wants to come clean.”
Only country that does not have the option
The head of the Office for the Protection of the Constitution was not very impressed by the criticism that more surveillance options would be given to an agency in which Russian double agents had been in leading positions for years. “Quite simply because the threat profile or the threat situation today makes this necessary. We in Austria are the only country in the whole of Europe that does not currently have this option.” He estimates that there would be around ten to 20 cases per year in which this measure would make sense.
In the case of the Ternitzer suspect, chats have now been secured that indicate “that there were agreements in deeper chats to buy weapons. That attempts were made to get hold of weapons here, and these chats can only be monitored if we are given the opportunity to monitor messengers.” They now also know which of the Swift concerts was involved, said Haijawi Pirchner, but did not want to give the exact date when asked. “But we can definitely say at the moment, given the status and the items that have been secured (…), that we have prevented a terrorist attack that would certainly have been on a larger scale.”
Draft law under review
While Constitutional Minister Karoline Edtstadler (ÖVP) once again emphasized in a statement on Wednesday the desire of the ÖVP under Chancellor Karl Nehammer to enable “more and targeted investigation options in the fight against terrorism,” the FPÖ again warned against the planned messenger surveillance. The draft law is currently being reviewed, the deadline does not end until September 25, shortly before the National Council elections. “If our borders were closed to illegal immigrants and Islamist threats were on remigration planes, then there would be no need to monitor them,” said security spokesman Hannes Amesbauer, who warned in a press release against “spying à la black Stasi.” For Minister Edtstadler, however, the FPÖ’s stance is protecting terrorists and criminals. “This is not only short-sighted, but also represents a threat to public safety.” During the most recent black-blue coalition (2017-2019), the FPÖ had still supported messenger surveillance, but the planned surveillance of computer systems via “federal trojans” was overturned by the Constitutional Court (VfGH) before it came into force. However, after “negative experiences” in the corona pandemic, the FPÖ was “purified”, according to party leader Herbert Kickl.
