ON GOOD FRIDAY, MARCH 29, Egisto Ott, a former member of Austria’s now-dissolved domestic intelligence agency, the Federal Office for the Protection of the Constitution and Counterterrorism (BVT), was arrested in his house in Carinthia, Austria’s southernmost state.
Ott had
frequently been at the center of media attention in the past year, in
connection with the network surrounding the fugitive
financier and alleged spy Jan Maršálek, as well as alleged
misconduct relating to carrying out illegal investigations of persons. Ott also
seems to have been involved in an alleged attempt to create an intelligence
unit, or even an entire shadow intelligence service, embedded inside Austria’s foreign
ministry. Now the veteran police and intelligence officer stands accused by the
state attorney of abusing his authority and of being part of an “intelligence
activity to the disadvantage of Austria” —the only form of spying that is
illegal under § 256 of the Austrian criminal code.
Ott’s
arrest came several years after intelligence was first shared with Austria by
Western partner services —allegedly the Central Intelligence Agency— that
reportedly date from as early as November 2017. Back then, Ott allegedly
received classified material from his service’s email address to his personal
Gmail account. However, Peter Gridling, director of the BVT from 2008 until its
dissolution in 2021, stated in a recent interview that the ensuing investigations did
not yield actionable results that could be used in criminal proceedings. This statement is highly interesting, as Gridling
filed accusations about Ott with the State Prosecutor’s Office himself, and
would hardly have done unless he had access to hard evidence. Ott was
consequently removed from the BVT and placed in Police Academy Austria (SIAK),
which is responsible for training police officers and conducts research related
to police and domestic security.
Nevertheless,
according to media reporting, Ott seems to have kept and illegally used certain
forms of identification that presented him as a police officer. He is also
alleged to have maintained access to several police databases and to have
retained his network of trusted informants that provided him with intelligence.
These included contacts in friendly foreign police services, whom Ott knew from
his time as a liaison officer in Italy and Turkey. According to Gridling, these
contacts were unaware that Ott had been removed from the BVT under suspicion of
being unreliable and potentially even working for Russia. They therefore
continued to help him when asked. Ott allegedly deceived his contacts by
claiming that he needed information on cases relating to different kinds of
extremism. As it turned out, according to the leaked arrest warrant, several of
the individuals referred to by Ott as “suspects” in terrorism investigations
were in fact Russian dissidents or intelligence defectors who were living as
protected persons in Austria and elsewhere outside Russia.
It appears
highly probable that Ott also had people inside the Austrian bureaucracy,
including former colleagues in the BVT, who continued to provide him with
information and assistance, even after the first allegations against him arose
in 2017. As of now, at least one other officer from LVT Vienna (the state unit
of the BVT) has been found to have illegally provided Ott with Information. It
is likely, given the publicly available descriptions of Ott’s activities, that
other individuals may be implicated. It also remains to be seen whether
individuals involved in this case were able to join the BVT’s successor agency,
the new Directorate of State Protection and Intelligence (DSN).
Austrian
authorities first arrested Ott in 2021, accusing him of illegally accessing
intelligence information and revealing state secrets. However, they released
him after the court determined that the legal justification for a pre-trial
detention (Untersuchungshaft), especially the risk of collusion and the
risk of Ott committing a crime if not detained, were not valid. This seems
to have been a misjudgment. Ott’s most recent arrest came following the sharing
of evidence by British authorities, who obtained online chats between Jan
Maršálek and Orlin Roussev, the suspected leader of a Russian spy-ring.
Alongside other evidence in the case, these chats allegedly prove that Ott
provided assistance in locating the residence of Christo Grozev, a Bulgarian
investigative journalist, who lived in Vienna at the time. Subsequently,
burglars stole a laptop and at least one memory stick from Grozev’s apartment.
Grozev then relocated to London, because, as he said, he did not feel save in
Austria.
Allegedly,
Ott also directly acted against Austrian interests by selling to the Russian
Federal Security Service (FSB) the mobile phone data of three high-ranking
officials in the Ministry of Interior —the minister’s chief of staff and the
advisors for police and asylum affairs. These officials’ mobile phones were
damaged when a canoe capsized during a group excursion of the ministry’s top
brass, an accident that was ironically caused by the minister’s press liaison
at the time, who is the wife of the current chancellor of Austria. The damaged
phones were taken to a BVT technician by one of their owners, to see if they
could be fixed. The BVT technician allegedly told the ministry leadership that
the devices were beyond repair and that he had destroyed them, as per security
protocols. That was untrue, however, as the phones were seemingly given to Ott.
Ott also allegedly orchestrated the selling to Russia of a highly-encrypted
SINA-workstation ministry laptop with state-of-the-art German technology. Such laptops
are routinely used by intelligence services and the North Atlantic Treaty
Organization to provide strong data protection. According to reports, when Ott
was arrested, authorities found two more such workstation laptops in his
possession.
The timing
of the scandal is potentially problematic for the Austrian government and for
its domestic intelligence service, the newly reformed DSN. The nascent agency
only became operational in December 2021. It was created after a series of
failures and alleged scandals, as well as the after terrorist attack of
November 2, 2020, in Vienna, which claimed four lives and wounded over 20
people. These events eroded the Austrian public’s trust
in the BVT and damaged the agency’s international reputation, thus leading to a
subsequent series of reforms that culminated in the establishment of the DSN.
While all
publicly known charges against Ott up to this point relate to the past and the
problems of the old BVT, the details —especially regarding the extensive length
of the investigation and the manifest inability to stop the sharing of
information and other allegedly illegal activities by Ott dating to at least
2017— do not shed a positive light on Austria’s capacity to curtail
intelligence activities on its soil. It remains to be seen whether the Ministry
of Interior and the DSN can assure their international partners that the Ott
case is simply a fall-out from the past, and that the intelligence reforms and
countermeasures taken as a result will be effective in preventing similar
disasters from arising in the future.
Judging
from the initial political reactions, it seems that this aspect is not the
first and foremost concern of the Austrian political establishment.
Unquestionably, Ott’s arrest and surrounding revelations have had a number of
political repercussions, as Ott appears to have provided information to several
politicians from nearly all parliamentary parties, who subsequently used them
for their purposes. However, these revelations have so far resulted in little
more than accusations being leveled by all current and former governing
political parties against each other, as well as general demands being voiced
by the opposition in parliament. The current coalition government, consisting
of the conservative Austrian People’s Party and the progressive Greens, now
plans to overhaul the previously mentioned §256 of the Austrian criminal code.
While this type of reform has been the subject of demands by some for a while
now, it is unlikely to single-handedly mend the broader problems in Austrian
security, and especially counter-intelligence, which have become all too
obvious through the Ott case.
***Paul Schliefsteiner is the Director of the Austrian Center for Intelligence, Propaganda and Security Studies (ACIPSS) and the Editor of the Journal for Intelligence,
Propaganda and Security Studies (JIPSS). He studied History, Philosophy and Law at
the University of Graz, as well as International Security Studies at the
University of the Bundeswehr Munich and the George C. Marshall Centre in
Garmisch-Partenkirchen. He was previously a guest researcher at the Institute
for Peace Preservation and Conflict Research at the Defence Academy of the
Austrian Armed Forces in Vienna.
Note:
The investigation into the case of Egisto Ott and the network around Jan
Maršálek now extends over several years and has to be considered ongoing, with
new details and aspects of the case emerging on an almost daily basis. This
article, therefore, can only provide a general overview and a broad depiction
of the publicly available information at this time. All individuals named
herein have been subject to prior public reporting and should be considered not
guilty until proven otherwise in a court of law.