In its response to a small question from the left-wing faction about the ex-Wirecard manager Jan Marsalek, the federal government explains that it cannot answer many questions – because they “affect the welfare of the state to a particularly high degree.”
Did the BND know early on where Jan Marsalek was? And could even have heard him? That’s what the left-wing faction in the German Bundestag wanted to know. The federal government has now answered a corresponding small question from the deputies, but has not disclosed much information with reference to the welfare of the state.
The German Bundestag’s right to ask questions and receive information from the federal government is limited by the “interests of the state that deserve protection,” writes the government – and those are the Marsalek case.
Disclosure of the requested information carries the risk that “details of the specific methodology and specific capabilities of the Federal Intelligence Service (BND) that are highly worthy of protection” will become known.
Both state and non-state actors could draw conclusions about specific procedures and capabilities of the BND. Fundamental rights of third parties could also be affected, which “could have negative effects on the willingness of third parties to cooperate with the BND”.
According to the Federal Government, the requested information relates to “secrecy interests that require such protection” that the public interest “considerably outweighs the parliamentary right to information in this special individual case”.
Among other things, the left wanted to know from the federal government whether the BND had informed the Federal Chancellery in 2021 about Marsalek’s whereabouts and the Russian offer to contact Marsalek. The “Bild” reported in April that the Russian secret service FSB had made such an offer to the BND.
Read more: Should be in Moscow – German secret service knew where Wirecard fraudster Marsalek was hiding
The deputies also wanted to know whether there were “contacts of any kind between the federal government or German federal authorities and Russian bodies” after the FSB offer. This is the only question that is answered specifically: “At the diplomatic and consular level, the Embassy in Moscow and the Federal Foreign Office have not had any contacts with Russian authorities.”
Which of course does not mean that there was contact elsewhere. However, the answers to this are – see above – an interest in secrecy that requires protection.
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