POLISH MILITARY INTELLIGENCE REFORM: CASTING OUT

UNCLAS SECTION 01 OF 02 WARSAW 001171 SIPDIS SENSITIVE STATE FOR EUR AND EUR/NCE SECDEF FOR ISP JOINT STAFF FOR J5 EUCOM FOR ECJ4 AND ECJ5 E.O. 12958: N/A TAGS: MASS MCAP PGOV MARR PL SUBJECT: POLISH MILITARY INTELLIGENCE REFORM: CASTING OUT SIN WHILE MAINTAINING CAPABILITIES REF: WARSAW 497 ¶1. (SBU) SUMMARY: On June 9, President Lech Kaczynski signed into law three bills that will liquidate Poland's existing Military Information Services (WSI) on September 30, 2006 in order to create two new services on October 1, 2006, the Military Intelligence Service (SWW) and the Military Counterintelligence Service (SKW). The laws were a centerpiece of PiS's campaign promise to eliminate the vestiges of communism and corruption from Polish military intelligence. The laws do not appear to eliminate any existing military intelligence functions and so Post sees no reason to fear disruption of any ongoing cooperation with Polish military intelligence. Zbigniew Wassermann, Minister Coordinator for the Special Services (MKSS),will define the scope of operations for the two new services in consultation with the Minister of Defense (DefMin),Radek Sikorski, under guidelines approved by the Prime Minister (PM),Kazimierz Marcinkiewicz. True to their Law and Justice (PiS) inspired roots these fundamentally practical reforms are cast in the language of purifying the state. END SUMMARY. -------------- New PiS Rulers Saw Sin in Old SLD System -------------- ¶2. (SBU) Prime Minister Kazimierz Marcinkiewicz first tabled legislation to liquidate WSI (Military Intelligence Service) in November 2005 at the behest of the Law and Justice Party (PiS) which was then recently victorious in national elections. PiS insiders, such as Jaroslaw Kaczynski, the President's brother and party leader, openly declared that abolishing WSI was necessary to repair the Polish state. In their eyes, the Democratic Left Alliance (SLD),the leading party in Poland's previous governing coalition, had shielded the WSI from oversight so that the WSI could protect the SLD from political enemies through espionage. According to PiS cadres, this arrangement lead to "pathologies" within the WSI that not only stifled political dissent but also enriched WSI operatives at state expense. They argued that WSI officers exploited their unsupervised access to sensitive information about government privatization of state run enterprises (such as the privatization of WSK Mielec) and pending procurement orders to earn personal profit. -------------- - New Laws Begin An Inquisition With Confessions -------------- - ¶3. (SBU) Under the new legislation, WSI will vanish on September 30, 2006 while SKW and SWW will emerge on October 1, 2006. The MKSS, Zbigniew Wassermann, will define the scope of operations of the two new services in consultation with the DefMin, Radek Sikorski, under guidelines approved by the PM, Kazimierz Marcinkiewicz. The two new "civilian" services will operate as "central agencies of government administration," except in times of war when they transfer to the Polish armed forces. The continuity of agreements with allies is assured by Article 74 of one of the three laws on the WSI reform which states: "Decisions, security confirmations, certificates as well as agreements and accords concluded and signed by the head of the Military Intelligence (WSI) maintain their validity unless they expire or are revised." ¶4. (SBU) Together, the two new services might employ up to 1,300 people. The DefMin will propose candidates for each service's chief. However, the PM offers final approval in consultation with the government council for special services and the relevant Sejm committee. What's more, according to the new law, former WSI servicemen who want to work in SKW or SWW must declare, among other things, that they neither revealed nor profited from state secrets. Interestingly, a 24-member "Verification Commission," half appointed by the PM and half by the President, stands ready to investigate these applicants. ¶5. (SBU) Interestingly, the new laws do not require a MKSS, a position PiS reinstated after coming to power last fall. But, they consistently say, "in the case of the appointment of a Minister Coordinator for Special Services," and then go on to define his/her duties in the given case. Should there be no MKSS, all his/her duties revert to the DefMin. In February 2006, these laws, then in draft form, went to President Lech Kaczynski after a much publicized split between MKSS Wassermann and DefMin Sikorski over who would lead the two new services. The final text allows the MKSS to define the scope of operations of the two new services in consultation with the DefMin and so seems a compromise between the MKSS and DefMin. But it reflects the leading role that Wassermann personally plays in PiS' plan to reform Poland by cleaning out the security services. ¶6. (SBU) Comment: Questions remain about how the government will implement the law, in particular how draconian it will be in forcing out officers with communist pasts. However, it appears that the rigors of the legislative process and strong DefMin advocacy have enabled PiS to understand the imperative to maintain a serious military intelligence capacity able to operate with its allies. END COMMENT. HILLAS