Coercive acts
the members of the NPM in the text of Section 47 (2) of said act by way of an
amendment of the law.
The Ministry initially agreed to the request of the NPM for a statutory regulation
as part of the next amendment to the Railway Act in autumn 2020. However,
this promise was not included in the draft for review. The NPM therefore
submitted a statement of opinion in the parliamentary review process and
also reminded the Ministry of its promise.
Statement of opinion in
review process
Section 47 (2) of the Railway Act thus now authorises the NPM and its
commission members to enter the railway tracks of the Austrian Federal
Railways without permit “if and for as long as this is necessary to perform the
obligations of their office”.
2.8.5
Football games
A derby between Austria Wien and Rapid Wien took place on 1 September
2019 in Vienna. The commission criticised that large amounts of forbidden
pyrotechnics were ignited, in some cases questionable banners (skull as a
symbol of a hooligan group designed to look like the SS skull) were hung
up and it was possible for fans to storm the VIP area and injure three law
enforcement officers.
Pyrotechnics and
questionable banners
In response to the first point of criticism, the Federal Ministry of the Interior
stated that there was no permit issued for the use of pyrotechnics and that the
organiser is responsible for admission to the event.
The NPM noted that – according to the information from the Federal
Ministry of the Interior – the game was qualified as high-risk. The executive
thus issued a search warrant pursuant to the Austrian Security Police Act
(Sicherheitspolizeigesetz). This allows the public security officers to search
persons who want to enter the ground prior to admission and to stop them
from entering the event if they refuse. Admission checks were also included in
the official security police mandate.
Search warrant was
issued
The NPM could not understand why the law enforcement officers did not make
use of the search warrant for high-risk fans at the major Vienna Derby.
In the view of the Federal Ministry of the Interior, the in part critical banners
were justifiable under the fundamental right to the freedom of speech. In
this context, the Ministry referred to a decision by the Constitutional Court
of Austria according to which banners with A.C.A.B. (all cops are bastards)
written on them do not constitute an insult to the law enforcement officers but
merely highlight the tense relationship between fans and the police. In this
respect, the content of this banner was covered by the right to the freedom of
speech in the opinion of the Constitutional Court of Austria.
Banners with critical
symbols and content
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