Te cue ‘Anti-Defemation League? cee July 27, 2015 ‘Soon Cos His Excellency Dr. Heinz Fischer Nery et Federal President of the Republic of Austria cette _Hlofburg, Leopoldinischer Trakt Sele A-1014 Vienna ee Austria ena SSR Dear Mr President: Ecos eee We thank you for the reply to our letter which we received on July 15, 2015. wana it While we most certainly appreciate the separation of powers principle enshrined in the ‘outer Austrian Constitution (and indeed in our own US constitution), we had in mind the ovine bat constitutional power of pardon afforded to you under Article 65(2)(¢). Sea cwccseteie The granting of clemency is an act of merey, designed to operate ead “in individual cases to pardon persons sentenced without further resources of oor appeal, to mitigate and commute sentences pronounced by the courts, as an act nett of grace to anmul sentences and to grant remission from their legal nese ; unseen consequences, and moreover 10 quash criminal proceedings in actions subject “een 10 prosecution ex officio.” a We respectfilly ask you to reconsider our request in light of this provision. "irene See As we wrote in our earlier letter, attached for your convenience, the extraordinary use ete of criminal law by the State in the case of Stephan Temp! raises some uncomfortable ean questions. id Open tear ao We note that Mr, Temp! submitted to the restitution process on behalf of his mother, ees not himself, and sought no more than the rightful return of her fumily’s property to her. “esq For that process to end in his imprisonment, convicted of defrauding the State is an suits —_oulcome no one could have or should have foreseen. Mr. Templ poses no danger to the Peseaacn aren State and could not serve as bad influence on other ee In the interest of justice, we respectfully request you use the constitutional powers a" afforded to you to commute Mr, Templ’s sentence. etoiy Scones otra vette soap Imagine a World Without Hater unos Sect AntiDefemation League, G05 Third Avenue, New York, NY 10158-3560 T 212.885.7700 F 212,8670779 wwwadl orgHis Excellency Dr. Heinz Fischer July 27, 2015 Page -2- We look forward with great anticipation to a positive reply. Please accept the assurances of our highest consideration, Enclosure Letter from ADL to H.B, Dr. Heinz Fischer, dated July 8, 2015,ABL AntiDefernation League® July 8, 2015 His Excelleney Dr, Heinz Fischer Federal President of the Republic of Austria Hofburg, Leopoldinischer Trakt A-1014 Vienna, Austria mn Dear Mr. President: sg ind For over 100 years, the Anti-Defamation League has fought “to stop the defamation of namcceiee the Jewish people and to secure justice and fair treatment to all.” We write to iaaiecme respectfully urge you to exercise the constitutional powers of your office in the case of vom Stephan Temp! to ensure justice and fair treatment for him, ee We have reviewed information about the case, Although we are not familiar with the ain’ intricacies of the Austrian criminal code and procedures, we firmly believe the equities bayantel of any claims by his estranged aunt for participation in the Nazi era restitution sought I by Mr. Temp! should have been determined through civil litigation and prosecutors on er should not have brought a criminal proceeding against Mr. Templ. St ett The criminal charges have now resulted determination in the conviction of Mr. Templ melt and a sentence of one year in prison, As his case has already proceeded through ee appeals to the Austrian Supreme Court, your constitutional powers are the last cases recourse for justice in this case, oui ee We have been informed that this case represents the unprecedented use of « penal gos re statute in respect to restitution, In our view, it will send a chilling message to Austrian vg er descendants of the brutal Nazi era confiscation of Jewish property, the Austrian Jewish om iar community and to Austrian society as 2 whole om routine Mr. Templ is well-known as a vocal critic of Austria’s record of restitution of assets eres seized during the Holocaust cra. As such, there is a strong appearance that Austrian aes authorities have seized upon the underlying incident with regard to mistakes in Mr. vrorueh ‘Templ’s restitution process to unfairly prosecute him as a means of revenge by the Payer state of to intimidate others. ‘True or not, the unjustified imposition of a prison sore ea sentence following Mr. Temp!’s criminal prosecution falls short of the widely- sgn accepted standard: “Not only must Justice be done; it must also be seen to be done.” pred In this instance, Mr, Templ stands convicted and Austria should consider that justice rans : es ; esa mate has been done. Under your authority, an alternative to incarceration would ensure that gears justice will also be seen to be done, ‘2 World Without Hater ‘Anti‘Defemation League, 605Third Avenue, New York, NY 10188580, T 217.885.7700 F 212.6670779 wwwedl.orgHis Excellency Dr. Heinz Fischer July 8, 2015 Page -2- We look forward with great anticipation to a positive reply. lease accept the assurances af our highest consideration, Sincerel; Abraham Ht Foxman National Director AHF:as