Reactivation Procedure Against FPÖ Politician After SS Song Scandal Dropped

On September 27, 2024, a funeral for a member of the fraternity "Olympia" took place at the Hernalser Cemetery. The song "Wenn alle untreu werden" was played. A video of this was sent to the "Standard", which reported that the attending FPÖ politicians Graf, Stefan, and Nemeth remained at the open grave despite the singing of the so-called SS loyalty song. This led to investigations by the public prosecutor's office on suspicion of Nazi re-engagement against the three FPÖ politicians.

Intent of Re-engagement Could Not Be Proven Against FPÖ Politicians After SS Song Scandal

The suspicion that the Freedom Party members had engaged in activities under the Prohibition Act was ultimately not substantiated. On the one hand, according to spokesperson Bussek, the public prosecutor's investigations were dropped because it could not be clearly determined whether the version of the song used by the SS was sung at the open grave. On the other hand, the three politicians could not be proven to have had intent towards re-engagement. "The attempt to scandalize immediately before the national election completely dissolves into thin air," responded Norbert Nemeth to the termination of the proceedings. He hoped "that in the interest of objectivity and fairness, the termination of the investigation will be reported to the same extent as the lifting of immunity and the initiation of this procedure," Nemeth stated in a press release.

"Standard" Reporting on SS Song Scandal Declared Permissible by Vienna Higher Regional Court

Meanwhile, a lawsuit by the three FPÖ politicians against the daily newspaper "Der Standard" in connection with the reporting on their participation in the funeral was dismissed in the second instance by the Vienna Higher Regional Court (OLG). This was confirmed by OLG spokesperson Susanne Lehr on Wednesday afternoon to the APA. "The offense of defamation is not fulfilled," said Lehr. The first-instance conviction of the "Standard" was therefore overturned.

The Vienna Regional Court for Criminal Matters had sentenced the "Standard" in mid-January under the Media Act to compensation totaling 20,250 euros because several articles fulfilled the offense of defamation. Stefan, Graf, and Nemeth had described the "Standard" reporting as "infamous and defamatory." They emphasized that the song, originally written as a poem by Max Schenkendorf, is a folk and student song over 200 years old. It was written after the fall of the Holy Roman Empire of the German Nation. At that time, it was used to mourn the defeat against Napoleon and the fall of the empire in 1805/1806. For them, the song has no connection to National Socialism and the SS, which claimed the song for themselves and "abusively" altered it.

"The accusation of not standing up and leaving a funeral when someone sings a song does not fulfill the offense of defamation," explained OLG spokesperson Lehr in conversation with the APA. Therefore, the appeal of the "Standard" against the first-instance conviction was upheld and the decision was overturned.

(APA/Red)

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