VZCZCXYZ0017
PP RUEHWEB

DE RUEHVI #1037/01 1101325
ZNR UUUUU ZZH
P 201325Z APR 07
FM AMEMBASSY VIENNA
TO RUEHC/SECSTATE WASHDC PRIORITY 7066
RUEKJCS/OSD WASHDC PRIORITY
RHEHAAA/WHITEHOUSE WASHDC PRIORITY

UNCLAS VIENNA 001037 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EUR/AGS, INR/EU, AND EUR/PPD FOR YVETTE SAINT-ANDRE 
 
OSD FOR COMMANDER CHAFFEE 
 
WHITEHOUSE FOR NSC/WEUROPE 
 
E.O. 12958: N/A 
TAGS: OPRC KPAO AU
SUBJECT: AUSTRIAN MEDIA HIGHLIGHTS: April 20, 2007 
 
 
Eurofighter Expert Opinion Remains Under Wraps 
 
¶1. Defense Minister Norbert Darabos (SPOe) has said he will not 
publish the assessment on the Austrian Eurofighter purchase by legal 
expert Koziol at this point. The Minister has also refused to 
provide the parliamentary investigative committee looking into the 
deal with a copy of the file, emphasizing he and Koziol had agreed 
to keep the expert's opinion confidential for the time being. The 
head of the investigative committee, Greens MP Peter Pilz, has 
harshly criticized Darabos, accusing him of violating the law by 
failing in his duty to make all files available to the investigative 
body. Chancellor Alfred Gusenbauer, however, has defended his 
Defense Minister. 
Like all Austrian media reporting on the Defense Minister's decision 
not to disclose the findings of legal expert Helmut Koziol, liberal 
daily Der Standard emphasizes that Darabos with his move has 
"snubbed" the parliamentary investigative committee looking into the 
Eurofighter deal. While some MPs have joined in Peter Pilz's 
criticism of the Defense Minister, Chancellor Alfred Gusenbauer has 
been backing Darabos. In an interview with the daily he also said 
that "although it is impossible to say what the realistic outcome 
is, all options (regarding the Eurofighter) are still on the table," 
and "nothing can be ruled out," including a cancellation of the 
deal. The decisive issue, the Chancellor stressed, is the "aim to 
make the protection of Austria's airspace less expensive and thus 
save tax money."  Like the Standard, centrist daily Die Presse 
points out that Darabos "is provoking the parliamentary 
investigative committee," and also suggests the issue could put a 
further strain on the coalition government, as MP for the 
Conservatives Maria Fekter had threatened the SPOe Defense Minister 
with "coercive punishment." Meanwhile, independent provincial daily 
Salzburger Nachrichten says that the necessary software licenses 
from the US are expected to be granted in May - in time for the 
planned delivery of the first jets by early June. 
 
 
Call To "Fix Alien Laws" 
 
¶2. Constitutional Court President Karl Korinek has urged to have 
"fixed" Austria's immigration and asylum laws. The existing laws are 
"simply and obviously lacking in quality," Korinek complained, 
citing one regulation in particular, which he considers "barely 
understandable," as it could be "interpreted in completely different 
ways." Talking to an Austrian daily, the Constitutional Court 
President argued the time-consuming and drawn-out asylum proceedings 
are a "problem." In February 2007, 38,381 asylum proceedings were 
pending in Austria. 
Like all major Austrian media, independent provincial daily 
Salzburger Nachrichten reports on the Constitutional Court 
President's push to make Austrian asylum and immigration laws "more 
humane." Interior Minister Guenther Platter from the OeVP has 
meanwhile responded to Korinek's criticism of existing regulations, 
and has signaled he is willing to discuss the matter with him. The 
Social Democrats have also urged to "evaluate" alien laws, the daily 
notes. In an interview with liberal daily Der Standard, Greens 
leader Alexander Van de Bellen underscored that "in the face of 
thousands of hardship cases, the government would have to move 
forward." He pointed to the fact that currently, more than 14,000 
asylum seekers have been waiting over three years for their 
proceedings to be concluded, and about 4,000 cases have been pending 
for more than five years. The majority has been "integrated into 
Austrian society, learned German" and is "sending their children to 
school here. We need to do something for these people." 
 
 
Bawag under Scrutiny 
 
¶3. An Austrian reports that the judiciary is looking into the 
decision by bank Bawag to close all accounts of Cuban nationals. The 
bank may have violated EU law with its move. 
According to liberal daily Der Standard, Justice Minister Maria 
Berger explained that "from a civil and banking rights point of 
view, there's nothing to be said against," the Bawag's decision to 
close the accounts of Cuban nationals, "but it may have violated the 
EU's anti-discrimination laws."  It is not clear at this point 
whether legal proceedings will be launched, tough. 
Meanwhile, foreign affairs writer for centrist daily Die Presse 
Josef Urschitz comments: "From a sober point of view, the situation 
is quite simple:  The Helms-Burton Act does not even explicitly 
forbid banks to entertain customer relations with Cuban citizens, as 
the example of other US banks on EU territory demonstrates. And even 
if the act did forbid such relations, the application of US laws on 
EU territory is definitely not allowed. The ejection of 100 Cubans 
from the customer ranks of the Bawag, which is still owned by a 
trade union, has less to do with Helms-Burton than with John Snow. 
The boss of the soon-to-be Bawag owner Cerberus is known to have 
Cubans for breakfast and this was allegedly his wish - or at least 
the Bawag Board, which in this case has shown no backbone at all, 
thought that this was what he wanted, fulfilling this wish in the 
manner of a humble servant, albeit rather clumsily. At any rate, for 
a bank that is still carrying a social democratic whiff, (as Bawag 
still does), this makes for a disastrous picture." 
 
 
EU Agrees on New Racial Hatred Law 
 
¶4. Following a six-year fight for the law, incitement to racial 
hatred has now been made an EU-wide crime, interior ministers have 
decided, Austrian media say. 
Semi-official daily Wiener Zeitung reports that the EU's interior 
ministers have agreed to make incitement to racial hatred an EU-wide 
crime, but have stopped short of a blanket ban of Holocaust denial. 
The agreement makes condoning or grossly trivializing genocide an 
offense - but only if the effect is incitement to violence or 
hatred. The European Union has struggled for almost six years over 
proposals for an EU-wide anti-racism regulation, arguing over the 
distinction between freedom of expression and a desire among EU 
members to crack down on holocaust denial and other racist acts. 
Nordic countries such as Sweden and Denmark favored freedom of 
expression, while others, including France and Germany, took a 
tougher stance on punishing racist statements. Speaking at the 
opening of the meeting before representatives of all 27 EU countries 
in Luxembourg, Austrian Justice Minister Andrea Berger of the SPOe 
said that racism and xenophobia had no place in the EU, the daily 
notes. 
 
 
Gonzales under Pressure 
 
¶5. US Attorney General Alberto Gonzales has been taking tough 
questions from US lawmakers, as a Senate panel is investigating his 
controversial dismissal of eight federal prosecutors last year. 
Critics say the prosecutors were sacked for political reasons. 
Republican Senator Tom Coburn told Gonzales that he should resign 
over the affair, suggesting the Attorney General should "suffer the 
consequences that others have suffered." 
ORF online news, reporting on the issue, quotes Republican Senator 
Tom Coburn as saying that Gonzales' performance was "proof of 
massive incompetence and terrible communication." The best way to 
"leave this behind us" would be for Gonzales to step down, the 
Senator added. Similarly, Coburn's Republican colleague Arlen 
Specter suggested the Attorney General should resign because of his 
"loss of credibility." The Democrats in particular have accused the 
Bush administration of having the state prosecutors fired for 
political reasons, as documents and witness statements indicate the 
Justice Department had drawn up lists with "political grades" for 
the prosecutors, although their sackings had been justified with 
"poor performances." Gonzales has meanwhile dismissed the 
accusations the dismissal of the prosecutors had been politically 
motivated, ORF online news says. 
 
 
 
 
Reid Says Iraq War "Lost" 
 
¶6. Senate majority leader, Democrat Harry Reid, has said he told US 
President George Bush earlier this week that the war in Iraq was 
lost and the recent troop surge was not accomplishing anything, 
pointing to the extreme surge of violence in the country this week. 
Speaking to journalists at a news conference, Reid stressed that the 
US was in the fifth year of war, and of being an occupying force in 
Iraq, emphasizing it was time the situation changed. It was "time 
this changed, he suggested.  Republicans, however, have accused Reid 
of demoralizing US troops in Iraq, ORF radio reports. 
 
 
France Goes To the Polls 
 
¶7. The main candidates in the French presidential elections have 
been holding their final campaign rallies ahead of Sunday's vote. 
Opinion polls suggest that the first round will be won by rightist 
leader Nicholas Sarkozy and Socialists Sgolhne Royal. The polls 
also shows, however, that at least one third of voters remain 
undecided.  Austrian media comment that the vote is important not 
only for France, but also for Europe and Austria. 
In an analysis of the situation ahead of the presidential vote in 
France, liberal daily Der Standard writes that Nicholas Sarkozy, 
candidate for the conservative UMP and the presidential hopeful most 
likely to succeed, has divided the French. The daily cites a French 
survey according to which 47 percent of the interviewees consider 
Sarkozy "disturbing." Left-of-center publications in particular have 
attacked the UMP's candidate, warning against his "overblown ego," 
but an increasing number of independent voices have now spoken out 
in favor of Sarkozy. In any case, the first poll on Sunday will be a 
vote for or against the controversial candidate, the Standard says, 
adding that the key problem for France's left-wing voters is the 
question of who is more likely to prevail against Sarkozy: Sgolhne 
Royal or Frangois Bayrou. 
McCaw