Operation Luxor: Prosecution of Suspected “Hamas Leaders”…

The M. brothers – “leading representatives” or “leaders” of the terrorist organization Hamas in Austria – according to the public prosecutor's office – were charged with several terrorist offences. There is no evidence. The High Regional Court of Graz legally stayed the proceedings.

Operation Luxor was planned to launch an offensive against terrorism in Austria in 2020. Following a major raid in four federal states, then-Interior Minister Karl Nehhammer (ÖVP) declared that the “roots of political Islam” had been cut in Austria. Dozens of suspects were investigated for terrorism charges (membership in a terrorist organization) and anti-national links. But so far it has led nowhere. M from Syria Some proceedings, including those against the brothers, have already been stopped. The Superior Regional Court (OLG) cross affirmed the complaint of the two brothers. The decision is legally binding.

Specifically, the Gross Public Prosecutor's Office accused AM (61) and JM (65) of being “members” of the Muslim Brotherhood and members of the terrorist organization Hamas. Both are even said to be the “leaders” or “leading representatives” of Hamas on Austrian soil. It was this organization (the radical Islamist wing of the Muslim Brotherhood) that carried out the bloody attack on Israel on October 7 the previous year. However, the Muslim Brotherhood, which is supported by many Islamist currents, is not generally considered a terrorist organization by the EU definition (contrary to the lawyer's assessment).

According to the public prosecutor's office, AM allegedly “promoted the goals of the terrorist organizations Muslim Brotherhood and Hamas, such as the establishment of an Islamic parallel state in Austria, through his teaching and promotional activities at the Islamic Religious Education Academy (IRPA) (…).

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Review of long trials

However, in the end, a three-judge panel of the High Regional Court of Grosse M. It came to the conclusion that no “documented evidence” was found for the brothers – they are represented by Vienna lawyer Andreas Schweitzer. The decision also states that some evidence “could not be identified in the files even after independent review”. Hence, the investigation was finally concluded. Meanwhile, proceedings are still ongoing against AM for allegedly violating the Prohibition Act and here too the suspect denies the allegations.

“Since there is no evidence even after an investigation that has now lasted for about three years and eight months, (…) the result of the investigation has been terminated,” says the decision, which is available to “the press.” Elsewhere (regarding JM), the High Regional Court says: “Given the duration of the trial of about three years and eight months and the level of suspicion reached about his person, it is not clear how. The extent of the clarification of the facts, the basis of such evidence can be reached (and within a reasonable time), that is why the investigation (…) should be stopped. The two brothers were the governing bodies of the Islamic association Liga Kaltur, which had headquarters in Graz and one in Vienna.

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