Should jurors ever be confiscated

4488 / J XX.GP



of the delegates Dipl. - Ing.Maximilian Hofmann, Mag. Herbert Haupt

and colleagues

to the Federal Minister of the Interior

concerning some strange inconsistencies in the reasoning in the

Decision of the district administration Wels - Land zu Sich01-111-1998 -

PE / ZE; Sich-8009/1963 of April 24, 1998 regarding the Flemish

Writer Robert Verbelen.

The meetings of the association “Dichterstein Offenhausen” were held for 34 years by the

political authority observed. Nevertheless, the district administration Wels - Land im

The above-mentioned decision, among other things, presumed the event of the association

Prohibit “Dichterstein Offenhausen”, which would have taken place for the 35th time at the end of April 1998

to have to because there, among other things, the literary work of eight years ago

deceased Robert Verbelen, whose books are on the radio of the Austrian Broadcasting Corporation

found the most benevolent reception at the time, should have been appreciated.

With regard to the Austrian who died in 1990 and was responsible for Vienna.

Citizen, Robert Verbelen, it is stated on page 6 of the above-mentioned notice that


• “with judgment of the Permanent Council of War of the Province of Brabant on / 4. October 1947 in

Absence sentenced to death for murder ”

has been

"authored numerous relevant books and articles"

have, and finally also

"Revisionist lectures glorifying the Nazi era"

should have held.

Under the given circumstances ”the responsible clerk concluded

Page 7 of the above-mentioned decision, appears in addition

"justifies the assumption that honors of these" relevantly deserved "

Personality "as contrary to the prohibition of re-employment of § 2 VerbotsG -

ongoing “actions to be assessed” are “not included in any statute from the outset

Association can find cover under Austrian law.

Finally, so the - meanwhile by the association “Dichterstein Offenhausen” - concerned -

de, appear

', Against the background of the above-mentioned case law on' complex action 'that

35. Meeting of the writers and the circle of friends in its entirety of the

the legal assessment to be carried out here. "

During a period of 35 (!) Years almost half a generation -

the association, its board of directors and its members of the authority have not the slightest cause

required to proceed against them with official measures, such as the federal government at the time

Chancellor, Dr. Franz Vranitzky, had to admit in 1993.

The undersigned MPs therefore address the Federal Minister of the Interior



1.) Is the “Permanent Council of War of the Province of Brabant” an ordinary court, in the sense of

the Austrian legal system? -

If so, when was the judgment carried out by the Austrian authorities? -

If not, the “Permanent Council of War of the Province of Brabant” ‘was approved by everyone

other “standing councils of war” or those of the, International Mili -

tärtribunal ”pronounced in Nuremberg, judgments" ever by the authorities of the Re -

public Austria recognized and implemented?

2.) Was the District Commission Wels - Land known or should have known it

must that the Austrian citizen, Robert Verbelen, on December 21st

In 1965 by an Austrian jury on the charge of "Mit -

guilt, attending and ordering murder ”in the course of combating

Frankiteurs was acquitted in Belgium during World War II? -

If so, how is this county administrative practice in light

of § 37 AVG?

3.) Was the District Commission of Wels - Land known or should have known it

must that the StA Vienna appealed against this acquittal

had raised (which the Supreme Court partially followed and the case was again up for trial

decision and decision referred back to the jury), the state

However, on June 19, 1978, he liked to exercise. § 227 (1) StPO resigned from the indictment? -

If so, how is this county administrative procedure in light

of § 37 AVG?

4.) There is an ongoing practice in the administration that requires citizens to be appointed by a

Austrian courts have been acquitted of a certain charge,

even eight years after her death, not because of her literary work

Associations or other legal - but also natural persons in principle

may be honored and give them their civil rights over death

be revoked out? -

If so, which clubs have been dissolved so far, for what reasons

If this was the case, how many people were

administrative authorities in Austria reported to the ordinary courts

or subject to administrative penalties and on what legal basis is successful -

ten these measures? -

If not, how is this district administrative procedure in light

of § 37 AVG?

5.) Are the books written by the Flemish writer, Robert Verbelen, in the sense

the reason used by the Wels district administration "a -

schlägig "and was this" relevance "ever in the sense of the Austrian

Legal system significant? -

If so, in what way was this “relevance” expressed? -

If not, how is this district administrative procedure in light

of § 37 AVG?

6.) How many books and articles that Robert Verbelen has ever written did the

Authority so that they can critically assess the content of this

Books and contributions could reach the justification given in the notification -


7.) What are the titles and the contents of the books and articles that the authority is responsible for

attaches corresponding "relevance"?

8.) Have you ever been public prosecutor's or against a book written by Verbelen

other official investigations initiated? -

If so, which books and articles were investigated during his lifetime,

what books and articles were displayed to the prosecutor

which incriminated bodies it was, were the advertisements

put aside or followed up and, if applicable, which books were

confiscated against which books was judged according to which

Legislative bodies recognized and became the authority ex officio or due to

of advertisements and what were the names of the advertisers? -

If not, how is this district administrative procedure in light

of § 37 AVG?

9.) Given the fact that the Austrian legal system, the censorship

is foreign and therefore not an official index, for example in the "Official Gazette to Wiener

Newspaper ”appears, duly making banned books known to the reader

Ignorance of possible related misconduct Verbelens the club and

was attributable to the board of the association, so that the authority would have been right

may assume that only possible, the soil of the Austrian legal order -

leaving sections would be the basis for the appraisal? -

If so, what is the legal basis for this accountability? -

If not, how is this district administrative procedure in light

of § 37 AVG?

10.) What does the Austrian legal system understand by "revisionist" lectures


11.) Did Verbelen ever give lectures with "revisionist" content that

were punishable under the Austrian legal system? -

If so, how many "revisionist" lectures have become known to the authority?

when, where and in front of which audience they were held, Verbelen ever became

indicated for it, he ever received an administrative fine for it, possibly on

Reason for which legal basis, how often and by which administrative authorities

hear, or was he even prosecuted and convicted by a court of law, applicable -

if how often, by which court, according to which legal passage, with the extent of the penalty in

what amount? -

If not, how is this district administrative procedure in light

of § 37 AVG?

12.) Did Robert Verbelen ever give the "NS - time glorifying lectures"? -

If so, how often, when, where and on what occasion were these lectures

kept, what was their title, what was the content, what are the incriminated people

Place, were these lectures displayed or the authority determined ex officio

because of, administrative criminal proceedings were initiated, how much and with which

Authority, were penal decisions pronounced, if applicable, according to which

Legislative body or suspensions were eventually prosecuted

raised before the ordinary criminal courts and, if applicable, in which

This was the court, the proceedings were ended with judgments and, if necessary,

According to which section of the law the conviction was made and what was the amount

Sentence? -

If not, how is this district administrative procedure in light

of § 37 AVG?

13.) How do you explain the fact that - although the meetings of the association “Dichter -

Stein Offenhausen ”from Department 1 of the SD for 34 years

Upper Austria were observed and there were no complaints whatsoever -

visibly of the association “Dichterstein Offenhausen” came and therefore the probability -

flexibility also and especially in the sense of “complex action”

would have that this will remain so in the 35th year of its existence - the

District authority Wels - Land - without any discernible objective reason and without

At least inquiries in accordance with Section 39 (2) in conjunction with Section 37 AVG were made

or to have asked the association or its board according to § 37 AVG which one

Kind of honoring the writer Robert Verbelen, and although the be-

district administrative authority knew or should have known that the responsible department 1

the SD for Upper Austria the event at any time if there is a hint of a criminal offense

would have fallen under - or even broken off completely - the authority nonetheless, as it were

in a hasty "night and fog" to the managing chairman

of the association on Saturday, April 25, 1998, the relevant notification

Express couriers had to be delivered, in the light of the principle of the legality of

Administration according to Art 18 B-VG?