Floppy hats in Austria: Vienna no longer wants to be an agent's paradise

Austria and especially its capital Vienna have been considered a hotspot for espionage for decades. Until now, this was only punishable in the Alpine republic if it was directed against Austria's interests. This should now be an end: On Wednesday, the Council of Ministers launched a draft from Justice Minister Anna Sporrer (SPÖ) that significantly tightens the criminal law on espionage.

In the future, spying on EU offices and international organizations based here - such as the UN, OPEC and OSCE - will also result in up to five years in prison. The maximum sentence for espionage against Austria doubles to ten years, and the penalty range for sabotage and cyber attacks on behalf of third-party services also increases. In the future, whoever recruits helpers and who allows themselves to be recruited will also be liable to prosecution.

Diplomatic status should not be abused as a “cover for espionage activities on our soil,” said Foreign Minister Beate Meinl-Reisinger from the liberal Neos. Eight Russian diplomats had to leave the country during this legislative period and 63 entry visas were refused. In addition, some of the listening systems on the roof of the Russian embassy were dismantled.

Foreign intelligence services acted “significantly more aggressively” today, said Interior Minister Gerhard Karner (ÖVP), justifying the move. The State Security Service (DSN) now has the legal certainty to intervene that was previously missing. State Secretary Jörg Leichtfried (SPÖ) warned against “disposable agents”, i.e. casual helpers who do seemingly irrelevant things and have no idea who they are working for. You have to prepare for scenarios like the failed drone attack on Leipzig/Halle Airport.

Austrian intelligence expert Thomas Riegler sees “a new era in internal security” dawning. According to the decision, the rules would be stricter than in the espionage strongholds of Switzerland and Belgium, as espionage against EU states could also be punishable. It remains to be seen how this will be implemented with limited resources in the judiciary, DSN and police.

Justice expert Martin Kreutner also expressed skepticism to Radio Ö1: If all espionage against international organizations is to be prosecuted, significantly more prosecutors are needed. “Given the current staff shortage in the judiciary, this is unlikely,” said Kreutner.

Mixed voices came from the opposition. The Greens call the protection of international organizations “long overdue,” but lack a strategy against hybrid threats. The right-wing extremist FPÖ fears that the law could be directed against investigative journalists. If Parliament approves the law, it should come into force in mid-February.

A case from October 8th shows how sensitive the accusation of espionage is in practice: in the middle of Vienna, masked officers from the Cobra special unit stopped the car of Ukrainian investigative journalists Mykhailo Tkach and Yaroslav Bondarenko, smashed the windows and arrested both of them. Bondarenko had to undergo surgery because of a piece of glass under his eye. The two were only released again after more than twelve hours.

Tkach and Bondarenko had researched the former Ukrainian Prosecutor General Ruslan Kravchenko, who had registered his residence in Vienna, for the respected Ukrayinska Pravda. Interior Minister Karner called it a “suspicion of espionage,” but his office and the responsible public prosecutor’s office in Vienna have refused to provide any further information to this day. Journalists' associations demand clarification. The two journalists are preparing a complaint to the European Court of Human Rights while Austria's authorities continue to stonewall.