4
LINGENS v. AUSTRIA JUGDMENT
aroused great public interest because before the elections on 5 October the
possibility of a Kreisky-Peter coalition government had been canvassed.
At the interview, Mr. Kreisky excluded the possibility of such a coalition
because his party had won an absolute majority. However, he vigorously
supported Mr. Peter and referred to Mr. Wiesenthal’s organisation and
activities as a "political mafia" and "mafia methods". Similar remarks were
reported the next day in a Vienna daily newspaper to which he had given an
interview.
11. At this juncture, the applicant published two articles in the Vienna
magazine Profil.
12. The first was published on 14 October 1975 under the heading "The
Peter Case" ("Der Fall Peter"). It related the above events and in particular
the activities of the first SS infantry brigade; it also drew attention to Mr.
Peter’s role in criminal proceedings instituted in Graz (and later abandoned)
against persons who had fought in that brigade. It drew the conclusion that
although Mr. Peter was admittedly entitled to the benefit of the presumption
of innocence, his past nevertheless rendered him unacceptable as a
politician in Austria. The applicant went on to criticise the attitude of Mr.
Kreisky whom he accused of protecting Mr. Peter and other former
members of the SS for political reasons. With regard to Mr. Kreisky’s
criticisms of Mr. Wiesenthal, he wrote "had they been made by someone
else this would probably have been described as the basest opportunism"
("Bei einem anderen würde man es wahrscheinlich übelsten Opportunismus
nennen"), but added that in the circumstances the position was more
complex because Mr. Kreisky believed what he was saying.
13. The second article, published on 21 October 1975, was entitled
"Reconciliation with the Nazis, but how?" ("Versöhnung mit den Nazis aber wie?"). It covered several pages and was divided into an introduction
and six sections: "‘Still’ or ‘Already’", "We are all innocent", "Was it
necessary to shoot defenceless people?", "Why is it still a question for
discussion?", "Helbich and Peter" and "Politically ignorant".
14. In the introduction Mr. Lingens recalled the facts and stressed the
influence of Mr. Kreisky’s remarks on public opinion. He criticised him not
only for supporting Mr. Peter, but also for his accommodating attitude
towards former Nazis who had recently taken part in Austrian politics.
15. Under the heading "‘Still’ or ‘Already’" the applicant conceded that
one could not object to such attitudes on grounds of "Realpolitik".
According to him "the time has passed when for electoral reasons one had to
take account not only of Nazis but also of their victims ... the former have
outlived the latter ...". Nevertheless Austria, which had produced Hitler and
Eichmann and so many other war criminals, had not succeeded in coming to
terms with its past; it had simply ignored it. This policy risked delivering
the country into the hands of a future fascist movement.