The Edathy affair: dynamite for the German government

"Edathy belongs in the nuthouse," was the comment from the general secretary of the Christian Social Union Andreas Scheuer in March this year. The reason for Scheuer's outburst was an interview in Der Spiegel given by Sebastian Edathy - the former SPD (Social Democratic Party) member of the Bundestag, who also chaired the investigation committee into the terrorist activities of the far-right extremist group the NSU.

In the interview, Edathy commented on accusations that he had possessed child pornography. He admitted purchasing pictures of naked boys, but denied purchasing child pornography. He also defended himself against the accusation that he was a pedophile. Edathy referred to "the long history of the exhibition of naked boys in art" and insisted that he had done "nothing wrong."

As the affair unfolded it became increasingly clear that the 44-year-old regarded himself as a victim: of the investigators, of the media, and of his old political companions. Edathy didn't want to stand around and do nothing. He fought back. He made two official complaints about the searching of his private apartment and the confiscation of evidence from his parliamentary computer. He didn't even stop short of going to the constitutional court in Karlsruhe. There too, as with his other complaints, he was unsuccessful.

Developments since the Spiegel interview

A lot has happened since the Spiegel interview in March. Firstly, the legal situation in Germany has changed. It is now a crime to take pictures of children and young people naked in order to sell or exchange the photos. From now on, the statute of limitations on sex crimes will also be longer. So-called "cybergrooming" will be punished more comprehensively. "Cybergrooming" means attempts by an adult to make contact with children on the Internet under false pretenses to coax them into performing sexual acts.

For Edathy himself, things are getting more difficult. Initially there was a lot of speculation and talk of legal grey areas and mistakes made by the investigation committee. Now, though, the weight of suspicious evidence against him can scarcely be denied: Following months of scrutiny, the regional court in Verden has allowed the indictment to proceed. The trial will begin on February 23.

It doesn't look good for him. In the court's opinion, it is "probable" that Edathy can be proven to have repeatedly downloaded photos that were "morally damaging to juveniles." Edathy is said to have downloaded the pictures seven times in total between November 2013 and February 2014, on his work laptop alone. The state prosecutor also accuses him of possessing an illustrated book and a CD that had "youth pornographic" content.

The political dimension

Investigations by Canadian officials into an international child pornography ring were what got the ball rolling. They focused on one company in particular: Azov Films. As was later made public by the prosecution, Edathy ordered films and photos of underage boys from Azov Films on many occasions between 2005 and 2010. When the Canadians turned over their findings to Interpol, the case made its way across the Atlantic and Edathy came into the firing line of the German Federal Criminal Police Office, the BKA.

In October 2013 leading officials in the BKA and in Berlin political circles were aware of the investigation into the SPD's upcoming political hopeful. Fear grew that the public might get wind of it, and at the beginning of February Sebastian Edathy resigned from his posts "for health reasons."

A few days later Thomas Oppermann, who is now head of the SPD parliamentary group, announced to the press that the interior minister at the time, Hans-Peter Friedrich, had already informed the SPD leadership about the investigation back in the autumn. It was an assertion with consequences: Friedrich was accused of "violating official secrets," and the CSU politician was forced to resign. Friedrich reacted with incomprehension to criticism of his decision to pass on information, saying later that everyone apart from "legal positivists and shyster lawyers" would have done the same.

SPD in the firing line

Friedrich's party, the CSU, also reacted with irritation, accusing its SPD coalition partner of being "garrulous."

Oppermann and the whole of the SPD leadership may now find their behavior boomeranging back on them. Edathy himself has made serious accusations against his former friends in the party. He says that, even after knowing for weeks that he was being investigated, Oppermann had promised him several "high-ranking" jobs in the new government, including the posts of parliamentary state secretary or deputy parliamentary party leader.

To prove his accusations against his own party colleagues, Edathy has disclosed his entire text messaging history. This is now in the hands of Stern magazine. One particularly problematic detail is a text message from Oppermann to Edathy on 8 February, in which he offers Edathy his assistance, and assures him he will be able to help him make a "new start" - all at a point when the investigators had long had Edathy in their sights.

The opposition is now demanding that Oppermann too should appear before the investigation committee. And for Andreas Scheuer the affair is perfectly clear: "This Edathy scandal is also a scandal of the SPD."