Austrian Ombudsman Highlights Obstacles in Pilnacek Case Investigation

The Austrian Ombudsman's Office has raised concerns about challenges encountered during its review of police procedures surrounding the death of former Ministry of Justice official Christian Pilnacek. According to the Ombudsman's Office, several ministries, notably the Ministry of the Interior and the Ministry of Justice, have not fully complied with requests for documentation relevant to the investigation.

Christoph Luisser, a member of the Ombudsman's Office, stated that the agency has not received the requested files from the ministries, which has made the investigation process more difficult. While the Ministry of the Interior did respond to certain inquiries, it did not provide access to the associated documents. Similarly, the initial cooperation with the Ministry of Justice, which started constructively, has reportedly become less transparent over time. The Ombudsman's Office indicated that only partial information was shared, and over time, further restrictions were imposed, including withholding internal correspondence between authorities and the police.

The Ombudsman's Office asserted that, according to the Austrian constitution, all government departments are required to support its work in such cases. The office emphasized that official secrecy does not apply in these investigative proceedings. Despite this, the Ombudsman's Office claims that its requests for documentation and information in the Pilnacek case have not been fully honored, which contrasts with the cooperation received in other high-profile investigations, such as those following the Vienna terror attack.

The Interior Ministry responded by indicating that it had offered the Ombudsman's Office full access to the relevant files for review on-site. However, the ministry noted that the Austrian constitution does not oblige ministries to deliver or transfer documents directly to the Ombudsman's Office. The ministry highlighted that any administrative actions must adhere to legal and constitutional frameworks and expressed willingness to cooperate within these boundaries.

The investigation by the Ombudsman's Office was initiated following critical media reports and the publication of a book on the Pilnacek case by a former member of parliament. The probe was launched as part of the agency's mandate to examine matters of public concern, particularly where questions have arisen over the conduct and transparency of official processes.

As part of its ongoing inquiry, the Ombudsman's Office plans to continue its work with the limited materials available and anticipates providing further updates in the near future. The office has also suggested that a streamlined process, similar to those used in parliamentary investigative committees, could facilitate more efficient access to information in future cases.

The parliamentary investigation into the Pilnacek case is expected to begin soon, with hearings scheduled and a focus on clarifying the circumstances surrounding the official's death and subsequent police actions. The Ombudsman's Office has reiterated its commitment to transparency and accountability in the handling of this and other sensitive investigations.