Identifier
Created
Classification
Origin
05LJUBLJANA67
2005-02-01 10:21:00
CONFIDENTIAL
Embassy Ljubljana
Cable title:  

COM CALLS ON DIRECTOR OF SLOVENIA'S CORRUPTION

Tags:  PREL PGOV KCOR PINR SI 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L LJUBLJANA 000067 

SIPDIS


DEPT FOR EUR/NCE, INL/C/CP

E.O. 12958: DECL: 02/01/2015
TAGS: PREL PGOV KCOR PINR SI
SUBJECT: COM CALLS ON DIRECTOR OF SLOVENIA'S CORRUPTION
PREVENTION OFFICE, DRAGO KOS

REF: 04 LJUBLJANA 754

Classified By: COM Thomas B. Robertson Reasons 1.4 (b) and (d)

C O N F I D E N T I A L LJUBLJANA 000067

SIPDIS


DEPT FOR EUR/NCE, INL/C/CP

E.O. 12958: DECL: 02/01/2015
TAGS: PREL PGOV KCOR PINR SI
SUBJECT: COM CALLS ON DIRECTOR OF SLOVENIA'S CORRUPTION
PREVENTION OFFICE, DRAGO KOS

REF: 04 LJUBLJANA 754

Classified By: COM Thomas B. Robertson Reasons 1.4 (b) and (d)


1. (C) Summary. In a January 27 courtesy call, COM met with
Drago Kos, the head of Slovenia's newly independent
Commission for the Prevention of Corruption, (CPC). Kos
explained the CPC was established as an independent
Commission to address the issue of preventingcorruption. It
has no investigative or prosecutrial powers. Despite some
recent successes, Kos eared the CPC would be unable to
fulfill its manate due to lack of resources. Kos also
suggestedthat the very survival of the Commission was at
isk under the new government. Prime Minister JanezJansa has
stated publicly that he wants a corrupion commission with
"teeth" and the current CPC oes not fit his vision. COM
commended Kos for hi efforts saying that fighting corruption
was no asy task and assured him that the USG supported th
work of the Commission. Kos asked whether COM ould publicly
demonstrate his support for the CP by signing an MOU on
behalf of the U.S. Office o Government Ethics (OGE) which
has cooperated exensively with the CPC. COM took on board
the ida of concluding an MOU, but believes that the issu of
the CPC's future must be settled first. End ummary.


2. (U) On January 27, COM, accompanied y Pol/Econ Chief and
Public Diplomacy Officer, mt with CPC Director Drago Kos and
CPC Commissionr Bojan Dobovsek. Kos briefly explained the
wor of the Commission and emphasized that its focus ws on
prevention rather than prosecution. (NOTE: See Reftel for
background on Commission. END NOTE) According to Kos, the
CPC seeks to prevent corruption by establishing regulations
to prevent conflicts of interest in the public
administration; developing "integrity plans" (codes of
conduct) for public institutions; drafting appropriate
legislation to prevent corruption in the legislature, public
administration, judiciary, media, civil society, and
corporate sector; educating the public about corruption. Kos
also emphasized that the CPC does not/not have investigative
or prosecutorial powers.


3. (U) As an example of the Commission's preventive mandate,
Kos said the CPC had recently designed, and parliament had
ratified, a new financial disclosure form for all
parliamentarians, mayors, municipal council members,
ministers, and state secretaries (deputy secretary
equivalents). The law on financial disclosure, which was
confirmed by parliament on December 20, 2004, mandates that
the forms be updated annually and that tax returns, including
those of immediate family members, be appended. Kos said the
CPC had distributed around 5,000 disclosure forms.
Individuals who are required to complete these forms must do
so within 60 days or their salaries will be reduced by 10
percent for each month of tardiness.

--------------
WILL CPC BE DISMANTLED?
--------------


4. (C) Kos told us he was worried the Commission would be
unable to fulfill its mandate because the new government was
making statements indicating it would seek to "dismantle" the
CPC. Kos told us the coalition agreement signed by the
members of the current government specifically mentioned that
"public institutions without powers will be dismantled." Kos
said he feared the CPC would be considered a "powerless"
institution because it lacked prosecutorial and investigative
powers. He also said that Jansa, Minister of Public
Administration Gregor Virant, and numerous other members of
the government coalition had supported the December 2003 Law
on the Prevention of Corruption that established the
Commission, but that now "times have changed." Kos said he
had met several times with Virant, and that he had confirmed
the CPC was under serious scrutiny and might be abolished.
Kos intimated that the government might do away with the CPC
either by passing a new law that would establish a parallel
structure, or by simply depriving the Commission of the
resources it needs to fulfill its mandate.


5. (U) Asked by COM about the status of Slovenia's
ratification of the UN Convention Against Corruption, Kos
responded that he believed there was support for it in the
new government but that a lack of personnel at the Ministry
of Justice had slowed the preparation of documents.
Nevertheless, he thought it was still a high priority at the
Ministry of Justice.


6. (C) COM expressed support for the work of the Commission
and commended Kos for taking on the difficult task of


fighting corruption in a small country where "everyone knows
everyone." Kos asked COM whether he would be willing to
publicly support the Commission by signing an MOU with the
CPC on behalf of the U.S. Office of Government Ethics. Kos
told us that the Commission had benefited greatly from its
cooperation with OGE and that the public signing of an MOU
would send a strong signal of support for the CPC. COM
replied that he would consider the request.

--------------
COMMENT
--------------


7. (C) Throughout the meeting, Kos was very careful to skirt
an important fact associated with his current conflict with
the government: namely, the deep personal enmity that exists
between him and Prime Minister Janez Jansa (see reftel).
This enmity harkens back to Kos's investigation of the
Ministry of Defense and its involvement in illicit arms
trafficking in the early 1990s when Jansa was Defense
Minister. The investigation
ultimately forced Jansa to resign as Minister of Defense
though he was not implicated personally in the wrong-doing.
In turn, Jansa accused Kos of being unfit to serve in his
current position and made public statements to that effect
during Kos's parliamentary confirmation hearing in April of

2004. Although Kos has a solid reputation for seeking out
corruption wherever it lies, he is clearly viewed by PM Jansa
with great suspicion, not only for his past actions but also
as a strong supporter of his political arch-rival, former
President Milan Kucan.


8. (C) Subsequent to the meeting with Kos, COM had an
opportunity to raise this issue directly with the Prime
Minister during an unrelated phone call. Jansa admitted "we
have some troubles with the Commission." COM pushed back by
underscoring the importance of corruption prevention as well
as prosecution, emphasizing the progress Slovenia has made in
this area and noting previous USG support for the work of the
Commission. Jansa replied, however, that "Slovenia may have
to go about handling it differently." Because of deep seated
animosity, we suspect, rooted in events over a decade old (as
described above),Janez Jansa appears to be working to
maneuver Kos out of a job. Unfortunately, the only way for
Jansa to legally remove Kos requires a change of law that
would, in turn, involve dismantling the Commission
altogether. Given the deeply personal nature of this
conflict, and the very good relations the Embassy has with
both parties, Post will look for ways to support the work of
the Commission and its mandate without inserting itself
publicly into this dispute. Post believes that signing the
MOU should be delayed in the immediate future until we have a
better sennse of what the fate of the current Commission may
be.
ROBERTSON


NNNN

2005LJUBLJ00067 - Classification: CONFIDENTIAL



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