The Supreme Court sends back the rejected official liability case of the mother whose daughter (24) was a victim of the night of terror. The woman can now hope for compensation again.
“The attack could have been prevented,” is the belief of the lawyer of the grieving mother who lost her daughter in the terrorist attack in the center of Vienna on November 2, 2020. The young woman studied at the University of Applied Arts and also earned money by waiting tables. With her, three other innocent people lost their lives as a result of Kujtim F.’s atrocity.
The terrible death of the 24-year-old was caused by “culpable shortcomings of the State Security Service and the Office for the Protection of the Constitution” – and therefore the mother demanded compensation from the Republic on the basis of official liability. It concerns approximately 125,000 euros. The later attacker was not only a convicted Islamist; Despite further radicalization, the authorities failed to report the incident to the Public Prosecution Service. The authorities were even aware of the Islamist’s attempt to buy ammunition…
However, after a trial in 2021, the first court initially rejected the claim: the police’s obligation to report to the Public Prosecution Service was not intended to prevent consequential damage for future victims, the reasoning was.
Now the grieving mother can hope again! The Supreme Court (OGH) followed the plaintiff’s appeal and overturned the decisions of the lower courts. According to the Supreme Court ruling, “the purpose of protection is precisely to prevent harm to people living on the national territory as a result of a terrorist attack.”
It will now be clarified again in the Palace of Justice whether the attack would most likely have been prevented if the now renamed Federal Office for the Protection of the Constitution and the Combating of Terrorism had acted dutifully.
“It is a shame that this process has to be carried out”
The hearing was scheduled to take place on Monday at the regional civil court. But this was canceled at short notice due to a request from the parties for a postponement. There is no new date yet: “It is a shame that this process has to be carried out at all,” the relatives said in 2021.
What is even more shameful is that more than four years after the bloody night in the heart of the city, the case is now starting again.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
