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