Ombudsman Luisser: Harassment uncovered in Pilnacek investigations!

Ombudsman Luisser: Harassment uncovered in Pilnacek investigations!

Ombudsman Christoph Luisser sharply criticizes the current handling of the Christian Pilnacek case. In this context, he complains about harassment by the ministries responsible for transmitting important files. According to Luisser, the Interior and Justice Ministries have not submitted the requested files necessary to examine police work in connection with Pilnacek's death. This occurs despite the constitutional duty of all government departments to support the Ombudsman. Luisser emphasizes that there is no official secrecy in such proceedings and describes the ministries' behavior as harassing and arbitrary, pointing to the confusion over the responsibilities of individual public prosecutors. This criticism is reinforced by the fact that the Interior Ministry is willing to grant access to files, but does not see any right to transmit them to the Ombudsman.

Since spring 2025, the Ombudsman has been scrutinizing the police work in connection with Pilnacek's death, which took place on October 20, 2023. This review was directly triggered by critical media reports, in particular by the book “Pilnacek – The Death of the Section Chief” by Dr. Peter Mushroom. The initial transfers of files were selective and ministries have recently rejected further requests for files. Luisser expresses concerns that this behavior could be interpreted as intentional obstruction in preparation for the investigative committee.

Legal compliance and political dimension

The Ombudsman is of the opinion that a legal regulation is necessary to enforce the obligation to provide assistance. Luisser calls on the Constitutional Court to examine this implementation in the interests of the Ombudsman. In particular, he emphasizes the need for the legislature to strengthen the ombudsman's office in order to obtain rights similar to those of the investigative committee. These legal steps could be crucial to ensuring transparency and trust in the investigation.

The cooperation between the Ombudsman's Office and the Ministry of Justice was initially perceived as promising, but soon turned out to be problematic, characterized by what was described as "salami tactics" that made communication difficult. The Ombudsman Elisabeth Schwetz initiated the ex officio investigation due to critical reporting, with Luisser planning to work with the existing documents and announce news at the turn of the year.

The upcoming investigations

Another important point in Luisser's argument is the upcoming parliamentary investigative committee, whose interviews are scheduled to begin in mid-January. He emphasizes that the procedures that have been successfully carried out elsewhere, such as in the terrorist attack in Vienna, could fail in this case due to the hurdles of the lack of delivery of files. Luisser sees this as unequal treatment and calls for a “fast-track procedure” to ensure that the public is transparently informed about what is happening.

The Parliamentary Ombudsman remains active during this critical phase and uses the existing situation to point out the deficiencies in the ministries' willingness to cooperate. Luisser has clear expectations of cooperation and the need to act in accordance with the constitution to maintain public trust.

vienna.at reports that the Ombudsman has already taken steps to reiterate the call to ministries for better file transfer, while ots.at illuminated the legal and political dimensions of this situation. The context is provided by the comprehensive reporting of apnews.com that addresses relevant social debates.