GOS RUSHES PENAL CODE AMENDMENT TO TOUGHEN STANCE

C O N F I D E N T I A L SECTION 01 OF 02 BRATISLAVA 000567 SIPDIS EUR/CE, EUR/ERA, EUR/PGI, DRL E.O. 12958: DECL: 12/02/2018 TAGS: PGOV PREL HU LO SUBJECT: GOS RUSHES PENAL CODE AMENDMENT TO TOUGHEN STANCE ON EXTREMISM REF: A. BRATISLAVA 528 ¶B. BRATISLAVA 9 Classified By: CDA Keith Eddins, for reasons 1.4 (b) and (d) ¶1. (C) SUMMARY: Shortly after Slovak PM Fico and Hungarian PM Gyurcsany's November 17 meeting, Justice Minister Harabin submitted an amendment to the penal code which introduces the concept of "extremism" for the first time. Human rights NGOs immediately objected, as the draft amendment was insufficiently vetted and, by their analysis, contains vague definitions and tougher penalties which could violate human rights. Opposition politicians believe the amendment represents another paradox of the Fico administration: strong actions condemning and curbing extremism (even at the expense of human rights) on the one hand, and toleration of Slovak National Party leader and coalition partner Jan Slota's extremist rhetoric on the other. Meanwhile, some experts believe the phenomenon of far-right extremism in Slovakia is growing and that measures of the type proposed by Harabin are not likely to be effective. End Summary. "Decisive" Action -------------- ¶2. (U) In the wake of the Fico-Gyurcsany summit on November 15, and following recent Hungarian-Slovak flare-ups (reftel A),Minister Harabin announced on November 17 that an amendment to the penal code strengthening the Government's response to extremism would be discussed by the Cabinet and submitted to the Parliament. NGOs protested, as the amendment had never been revised to address any of their concerns, which they submitted earlier in April 2008. Harabin's Deputy Anna Vittekova chaired a meeting with the NGO community on November 18 to discuss their comments. On November 19, the Cabinet approved Minister Harabin's amendment, and PM Fico publicly announced, "We will intervene against extremism more intensively." The amendment will likely be discussed and approved in Parliament in January. ¶3. (C) According to the draft amendment on the Ministry of Justice's website, an extremist crime is defined as possession of extremist materials, production of extremist materials, distribution of extremist materials, and denigration or threatening of a person on the basis of their race, skin color, family origin, citizenship, nationality, or ethnicity. Stricter penalties for extremist acts are also included; for example, for production of extremist materials, the penalty is three to six years imprisonment; for defamation of state symbols, the penalty is three years imprisonment. Lota Pufflerova, Director of Citizens and Democracy, a leading Slovak NGO, told us that Vittekova agreed to revise the amendment so that an attempt to distribute extremist material, not mere possession, is criminalized. Vittekova pledged that in the future communication on draft legislation between the MOJ and the NGOs would be improved. Vittekova privately acknowledged to Pufflerova that it was a political decision to push forward the amendment at this stage, and advised the NGOs to discuss their concerns in detail with members of Parliament, which Pufflerova said they are considering. ¶4. (C) Pavol Draxler, former National Coordinator for the "Intergovernmental Interdisciplinary Group of Experts dealing with racially motivated crimes and Extremism" until 2006, told us on November 26 that the Fico administration is making a superficial effort to combat extremism, and that there have been no new high-level investigations of extremist groups since he left his position at the Ministry of Interior. Pufflerova also told us that though she actively participates in the Group of Experts, it suffers from inconsistent government participation. ¶5. (C) Draxler commented that the new amendment will make it easier for the police to boost statistics on "extremism" without motivating them to develop proactive investigations of extremist networks. According to a Matej Pavlik of the anti-fascism NGO Enough, the extreme right is getting stronger in Slovakia, especially in the West. Pavlik claims that far-right trends come in waves, from Germany, to the Czech Republic, and then to Slovakia. Pavlik believes that the internet facilitates the activities of the extreme right, as Slovak neo-Nazis are connected with groups in Czech Republic, Serbia, and Romania, among others, to share experiences and rhetoric. Pavlik labeled GOS efforts "insincere," and said the police are ill-equipped to deal with the extremist groups, as they lost all of the specialists who were developing their expertise during the previous government, and have not made extremism a real priority. BRATISLAVA 00000567 002 OF 002 Pospolitost: A Cautionary Tale for NGOs -------------- ¶6. (C) In the run-up to the Fico-Gyurcsany meeting, the GOS took another step designed to showcase its determination to fight extremism. Slovenska Pospolitost, a far-right citizens' organization, was informed on November 7 that the organization was under investigation. On November 12, the Ministry of Interior sent the organization a letter, in which they were told they would no longer be able to register as a citizens' organization in Slovakia. On November 30, Pospolitost's spokesman, Ivan Sykora, asked for an explanation of how the organization broke the law, and which court found Pospolitost guilty. Sykora said otherwise the MOI's decision was illegal and should be considered a political order. ¶7. (C) Draxler said that the MOI did not adhere to the law for disbanding a citizens' organization. He said that this precedent could threaten other NGOs in Slovakia, as legal procedures were disregarded in the name of rooting out extremism. And with extremism as such a loosely defined, and subjective, concept open to political manipulation, the amendment could be a useful tool for tightening government control of the (already embattled) NGO sector (reftel B). "Retro Communist" Policies -------------- ¶8. (C) Vladimir Palko, Minister of Interior from 2002-2005, and current member of Parliament, told us on November 20 that he had not yet read the draft amendment, but that he did not believe extremism was any worse in Slovakia than in other parts of Europe. Palko opined that from what he had read of the amendment in the press, it seemed like another "retro-communist" policy, aimed at increasing the government's ability to control society. Palko also said the amendment presented another paradox of the Fico administration. He acknowledged that Fico was very savvy, using the public dispute with Hungary to push through an amendment to tighten domestic control, while allowing Slota to continue stoking tensions. Palko also said there was very little a principled member of the opposition could do, with SMER and its allies dominating Parliament, and Fico's popularity still on the rise. Comment -------------- ¶9. (C) The Cabinet's hasty approval of the ill-vetted penal code amendment to include extremism represents Fico's attempt to demonstrate to the international community that he is taking a strong stand against extremism in Slovakia -- particularly in contrast to his Hungarian counterpart. While Fico told the press that he is "open" to good ideas on how to improve the amendment as it moves forward in Parliament, based on the speed with which the legislation has moved, chances are slim that the coalition will be willing to make significant changes. Assuming the law is ultimately enacted, we will be watching its implementation closely for potential abuse of human rights. EDDINS