Whilst being an EU member country, Slovakia has the infamous reputation of not only failing some required reforms, but after accession to the EU, Brussels' disinterest to further monitor the reforms has provided non-democratic minded elements to gain full control over essential functions of the state. Zuzana Wienk, Program Director of the Alliance Fair Play in Slovakia, has written a splendid article in the SME daily. Especially for those, not able to read Slovak, I would like to post her article in English on my blog.
The article, which I fully agree with, has been written by Zuzana Wienk on the eve of Judge Juraj Majchrák's funeral, a signatory of the initiative of judges "For an Open Justice", who has tragically passed away on 14th April 2011.
In case you buy the state? NB: courts, prosecutors and politics included in the price
The Slovak Judiciary gained independence too early and society gave it to them much too naively. Elsewhere, the judiciary first went through a cleansing and the autonomy for the courts so far were not yet applied fully.
Today, Judge Juraj Majchrák is being buried. His condition worsened considerably in recent years. During those years, he faced several attacks, three disciplinary procedures, a proposal of stripping him his judge’s robe.
In 2010, they buried Judge Marta Lauková. She filed a complaint as the President of the Court wanted to influence her court's decision. Followed by various types of coercion and job discomfort, worsening health, hospitalisation, death.
Whilst in a critical state of health, the Judicial Council withdrew the surcharge of her sickness benefits. Despite the fatal outcome of her health condition, Court President Kožíková insist that Judge Lauková’s incapacity was purpose-built.
Victims of inactivity
In recent years, without sufficient evidence or despite apparent liberating evidence were disciplinary convicted judges BabjakBenešová, Kandera, Kuchtová, Mojš, Růžička, Sojka, Urban. Others were either harassed or accused or even tried based on purely fabricated reasons (Dubovcová, Gavalec, Glezgová, Hrnčiar, Majchrák, Paluda).
These people can be regarded as victims of injustice, of practices in the judiciary, and therefore the victims of the actions or the inactions of certain persons. Many of them live in isolation with health problems, under various forms of absurd pressure (annulling vacations, cancelling business trips, work at home, barring their participation in educational activities, moving their offices, moving their agenda beyond their many years of specialisation, public slander of judicial forums ... ).
Prostitutes of power
Why did the disciplinary courts and courts become prostitutes of power and instruments of injustice? Why must these persecutions be so harsh and even finally even contribute to fatalities? Why is it necessary to resort to almost inhuman hyenism? I can only offer such an explanation:
The state and its institutions have been bought and tamed by organised economic-power groups, who do not stop for anything. They need to milk budgets as far as possible. They need to cover their crimes and economic malversation. From the Judiciary they created an organisation that brings them with their decisions tremendous profits at the expense of the law and public interest. If anyone dares to stand in their way, who wants to defend the law and justice, they destroyed his life, his dignity, arrange for his persecution, they will turn him into a beggar. The reprisals are the harder, the more money is at stake or when criticism of the conditions becomes louder.
This concentrated and organized evil has allies at all political levels and in all political camps. It is difficult to assess/demonstrate whether the politicians actively participate in this game. Constantly, we see emerging scandals related to political party financing, implying at least a considerable risk that they may directly benefit from it.
The Head of this Culture
This culture within the judiciary has its Highest Representative - Stefan Harabin. As justice minister, HZDS nominee and President of the Supreme Court and the Judicial Council he had a major impact on specific personnel nominations, decisions and the wording of the laws.
The milieu in which he developed and established this culture, gained his inspiration and political support he absorbed for many years within the Meciarist HZDS, followed by the government of Robert Fico (2006-2010), and now has been directly adopted by the strongest opposition party (SMER-SD) including his entire agenda.
In the public arena SMER began firstly providing free space for the HZDS and its candidate for the implementation of their goals, continued silently and ignoring serious problems and later even actively agitated against the immunity of judges. In this matter, the President of the European Network of Councils for the Judiciary Lord Thomas in a letter Harabin wrote:
"It is very difficult to justify the judge's immunity against prosecution under ordinary criminal law of the State, if the judge violates these laws, whether in performing their duties, or in private.
In line with this, the attitudes of most of the European Union countries is that if a judge violates the criminal law, (s)he should be prosecuted at the initiative of an independent state prosecutor before an ordinary court of law."
A turning point became that the political involvement moved into a more open and audible fight against legal changes in the judiciary, which could bring the cleansing and the limitation of the absolute autocracy, with which Stefan Harabin and the Judicial Council is ruling. Robert Fico speaks of a political controlling of justice, although justice ministers in the Czech Republic, Austria and other democratic countries have far more competencies than were suggested in Slovakia.
Judges in those countries, whilst they rightly fight for strengthening of guarantees of independence, no one denies the democratic character of these countries. Independence without accountability, wise and lawful decisions and openness cannot be an-end-in-itself mantra. Finding a balance and preventing abuse of the judiciary is not undemocratic, but highly necessary.
Premature and naively
Experts in public forums openly admit that Slovakia has submitted to the judges the independence and too early and very naively. Elsewhere, they first cleansed the judiciary and the government has so far not transferred autonomy to the courts completely. There are even countries, where the judges’ entrusted mandate for life was implemented only gradually, e.g. as a slow extension of his term.
In Slovakia, we have essential experience with that the secret ballot for the General Prosecutor has proven to be become a room for difficult to defend business practices backstage, which to the citizens it is perfidious and unfair. Members, who cast the ballot as a mandate from these citizens, in a secret ballot are completely uncontrollable and unpredictable.
If a member of parliament is committed to fight corruption, the voter is entitled to know whether his vote on personnel matters reflects compliancy with this agenda. Should he vote in a secret ballot, (s)he can shamelessly deceive the citizens, and becoming an easy prey for backstage players. Why is not this form of pandering and its impacts objected by the strongest opposition party? Why is it even opposing against the disclosure of contracts on the Internet not becoming only a toothless glory?
It is interesting to carefully note as to what issues the opposition is investing its energy, but also which problems it lets go silently. After a thorough analysis of topics and presented arguments, or even argumentation of excuses, on cannot help the feeling, that that the concord of SMER and Stefan Harabin seem harmoniously. But to whom is this harmony doing good?
A Question of the Country’s Character
It is no secret that to date Slovakia has had no senior politician or a public official faced criminal charges and held responsible for the manipulated and overpriced tenders, tunnelling of state budget, corruption, political finance and dishonest abuse of power. The organization, in which the author of this text operates, was itself repeatedly witnessed reprehensible inaction of police and prosecutors in sensitive political cases.
It is almost certain that without changes to the management of the General Prosecutor and its methods of operation, this trend will continue. It is obvious that the Judiciary in Slovakia is failing at all levels. Not only by their staged fabricated disciplinary proceedings, which have spread fear and suppressed to any idea of resistance or public criticism.
There are many unfair judgments that rape the law or use its legal possibilities. In public discussions, testimonies describing the widespread corruption and its specific methods can be heard. Foreign investors and representatives openly say that in Slovak courts, one cannot rely on legality, justice and enforcement of the law.
Politicians who cover the backstage electoral game, the existing status quo and the personnel management of the Prosecutor’s Officerial or Judiciary are directly involved in creating a fertile ground for organised crime, which is ruling this state. When dealing with changes with the Prosecution and the Judiciary, it is a question of the country’s character.
Slovakia now undergoing a struggle whether the state and its institutions will free themselves from being a vassal, as imposed by a group with mafia structures and dishonourable financial intentions. Anyone, who resists these changes, contributes to this evil is also directly responsible, even for its victims.
Zuzana Wienk,
Program Director of the Allliance Fair Play, Slovakia
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