Suspicion of abuse of office: complaint against FPÖ-Roskranz

The Jewish Austrian Students (JöH) and the lawyer Bini Guttmann today submitted a statement of facts to the Vienna public prosecutor’s office on suspicion of abuse of official power by the FPÖ National Council President Walter Rosenkranz. This apparently withheld for ten days the public prosecutor’s extradition request against those FPÖ national councilors who were reported by the Jewish Austrian Students (JöH) on September 28, 2024 for Nazi re-activity. The above-mentioned complaint within the meaning of the prohibition law was made against FPÖ national councilors Martin Graf and Harald Stefan, as well as against parliamentary club director Norbert Nemeth and ex-FPÖ national councilor Johann Gudenus.

According to media reports, Walter Rosenkranz withheld the extradition process for ten days, which is why there is a legal suspicion of abuse of office by the President of the National Council. Rosenkranz had previously announced that he would hold the office without any party-political overtones. However, his previous actions show the opposite: he organized FPÖ events with Viktor Orbán in parliament, tried to have the police evict Jewish students from the Holocaust memorial at Judenplatz on November 9th and has now apparently had a significant influence on a judicial procedure against his party colleagues. It is obvious that Rosenkranz’s extradition request for the FPÖ Styria election campaign was withheld until after the state elections on November 24, 2024.

The Austrian judiciary must now ensure that the rule of law is preserved in the Republic of Austria and that appropriate information is provided.

Alon Ishay, President of the Jewish Austrian Students, calls for clarification: “In his first month, Walter Rosenkranz confirmed all the fears that had previously existed regarding his nomination. He held exclusive FPÖ meetings with Viktor Orbán in parliament and demanded that the police clear Jewish students from the Shoah memorial at Judenplatz. Now he has apparently withheld several extradition requests against his FPÖ party colleagues because of Nazi re-activation. Nothing in his role as NR President seems to be done unbiased or non-partisan. The democratic forces in the National Council should now ask themselves whether the right-wing extremist fraternity Rosenkranz is acceptable as the second highest official in the republic.”

Bini Guttmann, lawyer and executive councilor of the World Jewish Congress (WJC), explains the facts: “Walter Rosenkranz exercises sovereign powers as President of the National Council. The forwarding of an extradition request is not a legislative activity, but an administrative one. In any case, the abuse through withholding is obvious, and the intention to cause harm also appears to be present if Rosenkranz wanted to promote political success for the FPÖ in Styria. It is important to legally clarify whether he is a civil servant who can therefore commit abuse of office. If that is the case, then the facts would certainly be fulfilled.”