Categories: Politics

Bund falsely published Lauener’s emails

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Special investigator Peter Marti should not have received the emails about the Corona Leaks affair.

Special investigator Peter Marti (72) got more than he wanted. And wrongly, it turns out. The Ministry of Finance (FDF) headed by Federal Councilor Karin Keller-Sutter (59) has confirmed that it does not have all the emails of Peter Lauener (52), then spokesman for Minister of Health Alain Berset (51) is allowed to publish. Radio SRF reports this on Wednesday.

“At the investigator’s assessment, a technical or manual separation of the requested elements would not only have been permitted under data protection law, but would have been necessary,” the finance department’s statement said.

Thanks to bycatch to new allegations

These are the so-called corona leaks. Lauener is accused of passing confidential information to fight the pandemic to Ringier CEO Marc Walder. Ringier also publishes the look.

This is how the Corona leaks originated

February 2020: It has been revealed that Zuger Crypto AG has been manufacturing manipulated encryption machines for decades. The American and German secret services could use it to spy on half the world. The Swiss intelligence service was also able to listen in. The Business Review Delegation (GPDel) is conducting an investigation.

October 2020: Days before the results of the investigation should have been published, “NZZ” and “Tages-Anzeiger” report on the secret investigation by GPDel. A little later, they filed a complaint with the Federal Prosecutor’s Office (BA) – for violation of professional secrecy.

September 2021: The Supervisory Authority for the Federal Prosecutor’s Office (AB-BA) is using retired Chief Justice and former Zurich Councilor SVP Peter Marti (72) as a special investigator to clarify the matter. During the investigation, Marti comes across the email correspondence between Berset’s then head of communications Peter Lauener (52) and Ringier CEO Marc Walder (57). He asks the AB-BA for permission to expand the Crypto investigation. The AB-BA gives green light.

May 2022: Special Investigator Marti detains and interrogates Lauener for four days. Federal Councilor Alain Berset (50) and Walder are also questioned as respondents.

June 2022: Peter Lauener abruptly resigns from his position.

July 2022: It turns out that Peter Marti is pursuing a criminal case against Lauener – and also against two associates of Federal Councilor Ignazio Cassis: Secretary General Markus Seiler (54) and media chief Michael Steiner. Seiler led the intelligence service until the end of November 2017.

September 2022: Lauener files a report against Marti and accuses him of abuse of office, among other things. Lauener also requested that his emails be sealed. Reason: Marti had illegally expanded his investigations. Proceedings are currently pending before the court of Bern to lift the seal.

December 2022: Special Detective Peter Marti will have to deal with a special lawyer himself because of the indictment. Stephan Zimmerli must investigate whether Marti has gone too far in his investigation.

January 14, 2023: The newspaper “Switzerland in the weekend” publishes Marti’s interrogation protocols. The accusation: Peter Lauener is said to have continuously provided Ringier CEO Marc Walder with information about corona measures.

January 16, 2023: Because of the leak, the federal prosecutor’s office requests an appeal to the AB-BA to bring in a third special investigator. He would have to find out who leaked the interrogation protocols and emails from Marti’s trial to “Switzerland over the weekend”.

January 24, 2023: Parliament’s scrutiny committees are investigating. A working group must get to the bottom of the indiscretions – not just in the interior, but in all departments. Tobias Ochsenbein and Lea Hartmann

February 2020: It has been revealed that Zuger Crypto AG has been manufacturing manipulated encryption machines for decades. The American and German secret services could use it to spy on half the world. The Swiss intelligence service was also able to listen in. The Business Review Delegation (GPDel) is conducting an investigation.

October 2020: Days before the results of the investigation should have been published, “NZZ” and “Tages-Anzeiger” report on the secret investigation by GPDel. A little later, they filed a complaint with the Federal Prosecutor’s Office (BA) – for violation of professional secrecy.

September 2021: The Supervisory Authority for the Federal Prosecutor’s Office (AB-BA) is using retired Chief Justice and former Zurich Councilor SVP Peter Marti (72) as a special investigator to clarify the matter. During the investigation, Marti comes across the email correspondence between Berset’s then head of communications Peter Lauener (52) and Ringier CEO Marc Walder (57). He asks the AB-BA for permission to expand the Crypto investigation. The AB-BA gives green light.

May 2022: Special Investigator Marti detains and interrogates Lauener for four days. Federal Councilor Alain Berset (50) and Walder are also questioned as respondents.

June 2022: Peter Lauener abruptly resigns from his position.

July 2022: It turns out that Peter Marti is pursuing a criminal case against Lauener – and also against two associates of Federal Councilor Ignazio Cassis: Secretary General Markus Seiler (54) and media chief Michael Steiner. Seiler led the intelligence service until the end of November 2017.

September 2022: Lauener files a report against Marti and accuses him of abuse of office, among other things. Lauener also requested that his emails be sealed. Reason: Marti had illegally expanded his investigations. Proceedings are currently pending before the court of Bern to lift the seal.

December 2022: Special Detective Peter Marti will have to deal with a special lawyer himself because of the indictment. Stephan Zimmerli must investigate whether Marti has gone too far in his investigation.

January 14, 2023: The newspaper “Switzerland in the weekend” publishes Marti’s interrogation protocols. The accusation: Peter Lauener is said to have continuously provided Ringier CEO Marc Walder with information about corona measures.

January 16, 2023: Because of the leak, the federal prosecutor’s office requests an appeal to the AB-BA to bring in a third special investigator. He would have to find out who leaked the interrogation protocols and emails from Marti’s trial to “Switzerland over the weekend”.

January 24, 2023: Parliament’s scrutiny committees are investigating. A working group must get to the bottom of the indiscretions – not just in the interior, but in all departments. Tobias Ochsenbein and Lea Hartmann

However, Marti only stumbled upon the exchange of emails between Lauener and Walder because the BIT gave him all the emails Lauener had ever written from his professional email account.

Marti had requested the emails for a precisely defined six-week period: from October 7 to November 15, 2020. At that time, Marti was still investigating the crypto leaks – another alleged breach of official secrecy related to an encryption machine from a Zug company.

violated personal rights

By releasing all of Lauener’s emails, the BIT violated the personal rights of those affected, according to the FDF. The BIT employees have nothing to fear under criminal law and the department waives legal action.

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No indications were found that the responsible employees “acted with malicious intent or knowingly consented to breaking rules. They rather assumed an incorrect assessment of the legal and factual situation,” said the FDF. Disciplinary measures remain possible, according to the SRF.

In addition, stricter rules for the release of e-mails apply in the FDF with immediate effect. Among other things, a four-eyes principle will be provided for publication in the future.

criminal prosecution uncertain

The outcome of the investigation is likely to have more impact on the ongoing criminal case against Lauener. The illegally distributed emails should probably not be used, Monika Simmler, a professor of criminal law at the University of St. Gallen, told SRF.

Lawyer Martin Steiger, who specializes in data protection law, also assumes that the e-mails are now more likely not to be used in court. “If I were the defender in this case now, I would say: jackpot,” said Steiger. (sf/SDA)

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