UNCLAS BRATISLAVA 000675

SIPDIS


SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KJUS KCOR PINR LO
SUBJECT: FUTURE CHALLENGES FOR THE NEW GENERAL PROSECUTOR


Sensitive but Unclassified - protect accordingly


1. (U) Summary. In January Parliament approved General
Prosecutor Dobroslav Trnka's appointment to a five-year
term. The Office of the General Prosecutor (GP), an entity
completely independent from the Ministry of Justice (MOJ),
is leading several investigations with high political
interest and faces pressure from the government to merge
into the MOJ. Additionally, the Office of the GP will assist
in the creation and development of a new Anti-Corruption
Prosecutor's Office to become operational this fall. During
a recent visit, the Ambassador emphasized the need for rule
of law and due diligence on past cases. End Summary.

Calls for Reform of GP's Office Structure
--------------


2. (U) The General Prosecutor's Office and the Ministry of
Justice (MOJ) in Slovakia are independent organs. However,
Justice Minister Daniel Lipsic recently stated that the GP's
Office should be under the control of the MOJ. The structure
of the Office of the GP, whose main function is to
administratively supervise police investigations, was
inherited from the communist regime. The Czech Republic
chose to fold the function into the MOJ in 1993, but
Slovakia preserved the prior system.


3. (U) In a recent meeting with the Ambassador, Trnka said
he wished to maintain an independent office although he
recognized several limitations to the current status quo.
Inadequate funding means his office depends on other
ministries for additional appropriations. There is only a
low level of effective cooperation with the overburdened
judiciary. Nevertheless, he believed the independence of the
office protects it from political influence and it should be
left intact.

Creation of Special Prosecutor's Office
--------------


4. (SBU) In March 2004 the parliament passed legislation
creating a new Special Prosecutor's Office to Fight
Corruption and a new anti-corruption court to investigate
and try high-ranking officials and individuals involved in
organized crime. Parliament quickly approved Trnka's nominee
to the position, Dusan Kovacik, and Trnka is now in the
process of reviewing cases to be transferred to the new
office. Trnka lamented that the parallel structures may
increase bureaucracy, but stated that his office will aid
and support its creation.


5. (SBU) According to Jan Hrubala, Director of the
Government Office for Anti-Corruption Initiatives, the new
court was confronting bureaucratic and political problems.
The judicial council has not nominated any judges to the
court because of a delayed security clearance for one
applicant--Judge Pavol Polka from Zilina. He has had an
antagonistic relationship with the MOJ and fought prior
reform efforts. Polka may have enough support on the
judicial council to secure a nomination if a clearance is
granted. Other qualified applicants have already stated
they would refuse to serve with Polka.

Due Diligence on Past Cases
--------------


6. (SBU) During the meeting with Trnka, Ambassador Weiser
referred to several investigations involving government
officials or allegations of high-level corruption. He
stressed the importance of paying due diligence to past
cases in order to enforce the rule of law. Trnka agreed with
the Ambassador and noted that he was personally reopening
nearly 40 cases to ensure that proper evidentiary procedure
was followed and unbiased decisions were made. He promised
that the General Prosecutor's Office would remain vigilant.

Trnka Bio Information
--------------


7. (U) Trnka spent most of his career as a military
prosecutor and became Chief Military Prosecutor in 1999. He
presided over the recent investigation into the illegal
phone tap by Slovak Intelligence Service (SIS)of a leading
Slovak daily and Pavol Rusko, the Chairman of ANO, and the
possible intimation of the military investigators. He
attended Comenius Law School from 1983 to 1987 with Robert
Fico, Chairman of Smer, and the new Special Prosecutor Dusan
Kovacik. His first well-known case as a military prosecutor
was the investigation of police brutality during student
protests in November 1989. He speaks Russian and English. He
was born on November 9, 1963 and is married with one child.

Comment

--------------

8. (SBU) The new Anti-Corruption Special Prosector's office
is a major initiative of Justice Minister Lipsic. Ministry
interest in the development of this new office may also
increase pressure for the merger of the GP's office into the
Ministry. A possible merger would support on-going reforms
in investigative procedure at the Ministry of Interior and
improve communication with the judiciary. Trnka's opposition
to the idea could lead to conflicts with Lipsic.
Nonetheless, Trnka appeared to be a dynamic and committed
leader concerned with improving the internal workings of his
office.

WEISER


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