contents
The secret collaboration between ex-NDB boss Gaudin and a consultant was apparently more delicate than previously known.
The 75-year-old militia officer was supposed to set up a network of contacts and collect information for the former director of the intelligence service, Jean-Philippe Gaudin, “under all secrecy and discretion”. This is what it says in the “service contract” that Gaudin clandestinely concluded with the Zurich private individual in spring 2019.
For two years, the news service paid him 5,000 francs a month for this “advisory work”.
The case is much more serious
Defense Minister Viola Amherd only found out about this two and a half years after the contract was signed and commissioned a Bern law firm to investigate.
Legend:
Intelligence chief Jean-Philippe Gaudin is no longer in office. He vacated his post as director of intelligence in August 2021.
Keystone/Peter Klaunzer
Two months ago, the DDPS informed about the result: There was “no criminally relevant fact”, only “internal instructions on the procurement of goods and services” were disregarded, according to the DDPS. That sounded like a trifle. Now it comes out: The case is much more serious.
“Astonishment” at the supervision
Parliament’s oversight of the intelligence service uses clear words in its annual report published on Thursday. The six-person audit delegation was “disturbed” when they learned that the private consultant had prepared assessments of members of parliament on behalf of director Gaudin.
This is of course clearly illegal.
A clear violation of the intelligence service law, says the president of the delegation, the green Baselbie Councilor of States Maya Graf. For example, after the 2019 elections, the private individual employed by the former FIS director analyzed whether members of parliament were more helpful or negative towards him. “Of course, that’s clearly illegal,” says Graf.
Legend:
The clandestine collaboration between former intelligence chief Jean-Philippe Gaudin and a private advisor has apparently resulted in much more serious violations than the defense department has publicly portrayed.
Keystone/Peter Klaunzer
Because the intelligence service law prohibits the secret service from obtaining or processing information about political activities. In addition, the annual report of the audit delegation reveals that Gaudin’s advisor met secretly with foreign diplomats and representatives of international organizations.
According to the intelligence service law, the consultant must therefore be classified as a so-called “human source”, according to the delegation. However, under the Intelligence Act regulation, sources would have to go through an internal recruitment process, be overseen by a source manager, and Secretary of Defense Amherd would have to be told of their activities every year.
None of this happened, says delegation president Graf: The advisor worked like a source, but was not managed like a source. “Here, too, principles were not observed, which are important for the procurement of information and are also prescribed by law.”
The question arises as to why the DDPS did not say a word about all these violations in its media release from December. The DDPS writes on request: «As you can see, no activities of the person were mentioned in our media release. Neither those mentioned by you, nor others.”
Legend:
Councilor of States Maya Graf (Greens/BL)
Keystone/Peter Klaunzer
There is still no reason for the DDPS to file a complaint about the violations, as stated by Radio SRF. For its part, Parliament’s audit delegation does not want to simply let the matter rest. She would like to know whether the questionable consultancy contract is an isolated case or whether the intelligence service “possibly has other problematic contracts of this type”.
The delegation had the Federal Audit Office involved, which is to examine all existing contracts, as President Graf announced: “You are now also having the Federal Audit Office clarify whether these contracts of the intelligence service generally correspond to the requirements of the federal government.” The audit report of the financial control should be available by the end of October.