The Austrian Central Prosecutors’ Office for Economic Crimes and Corruption (WKStA) has asked the country’s parliament to lift the immunity of the MP Herbert Kickl, leader of the right-wing Freedom Party (FPÖ), over an allegation of perjury.
The request was sent to parliament in early November but only became publicly known on November 14.
Austrian MPs enjoy immunity that protects them from criminal prosecution. It can only be lifted by a majority vote in the parliament’s main chamber. The Conservatives and the Socialists, who hold a slim majority, have announced they would vote for the removal of immunity.
The reason for the request was a criminal allegation against Kickl filed in July 2024 by Andreas Hanger, a politician from the Conservative ÖVP party. He accused Kickl of lying multiple times when questioned by MPs in the parliamentary investigation committee on the so-called “red-blue abuse of power” in April 2024. The WKStA agency has since taken over the prosecution of the case.
Investigation committees mainly focus on corruption allegations. The one in question was instigated by ÖVP to look into potential abuses of power by the “red” Socialists and the “blue” FPÖ.
One of the questions debated was whether FPÖ ministers had used government advertisements in newspapers to influence reporting. Kickl, who was interior minister from 2017 to 2019, has stated that “he had not dealt with advertisements” during this time.
The prosecution has alleged that was false and a breach of Kickl’s duty to tell the truth. Whatsapp chats found on confiscated cell phones as well as the ad revenues of certain news publications had allegedly shown that Kickl had followed an instruction by then-FPÖ leader Heinz-Christian Strache to halt adverts in one newspaper which had angered Strache.
Commentators on the Left have expressed support that the WKStA was investigating Kickl. Others, though, said they saw a case of “lawfare” – the use of the justice system to fight political enemies who are more popular with the voters.
An indictment by the WKStA has usually resulted in high legal fees for the accused as the proceedings can drag on for years.
Das sind jene Paradigmen, welche eine entfesselte Meute gegen Sebastian Kurz entwickelte.
War nur eine Frage der Zeit, dass diese sich gegen andere auch richten werden.Ich denke Kickl hat nicht gelogen, es geht, wie schon bei Kurz, um hinterhältige lawfare, weil man politisch…
— C. Schwenniger, Journalismus-Eleve (@CSchwenniger) November 14, 2024
Kickl’s case bears a similarity to the political demise of former chancellor Sebastian Kurz.
The popular Kurz – under whom the ÖVP got almost 38 per cent of the vote in the 2017 election – was indicted by the WKStA in 2021 after a hearing in front of another investigation committee.
The core of the indictment was whether Kurz’s answer as to whether he had talked to an acquaintance about the latter’s potential nomination as head of a government agency could be interpreted as a denial when he had actually spoken with the man.
Kurz was sentenced to eight months in prison for perjury in a controversial judgment in February 2024. The sentence may be overturned on appeal, as has so far happened in several other the cases the WKStA has brought before the courts, particularly against right-wingers, in the past few years.
Separately, on November 14, the WKStA dropped all charges against among others several FPÖ politicians over alleged malfeasance involving the gambling group Casinos Austria. That came after an investigation lasting more than five years.
Das Verfahren, aus dem zu manchen Zeiten fast täglich Akten selektiv herausgespielt wurden, ist jetzt einfach eingestellt.
Es hat offenbar seinen Zweck erfüllt und ist politisch nicht mehr notwendig.
Die nächste Regierung muss bei der #WKStA aufräumen. pic.twitter.com/l5huvbiSIj— Gregor (((M))) Raīdl 🇮🇱 🇺🇦 (@GMRaidl) November 15, 2024
