STEFAN HARABIN ELECTED CHAIRMAN OF THE SUPREME COURT

C O N F I D E N T I A L SECTION 01 OF 02 BRATISLAVA 000281

SIPDIS

STATE FOR EUR/CE, INL/C

E.O. 12958: DECL: 6/22/2019
TAGS: PREL PGOV KJUS KCRM LO
SUBJECT: STEFAN HARABIN ELECTED CHAIRMAN OF THE SUPREME COURT

REF: BRATISLAVA XXX

CLASSIFIED BY: Keith A. Eddins, CDA, State.
REASON: 1.4 (b),(d)

1. Justice Minister Stefan Harabin was elected Chairman of the
Supreme Court on June 22. He received 15 out of 17 votes from
members of the Slovak Judicial Council. Seven members of the
Council were either appointed by Harabin, or are subordinate to
him. Two members abstained. Harabin, whose reputation for
corruption, vengeance and deceit is well known, is thus poised
to become the most powerful person in the Slovak Judiciary.
Judges are appointed without term limits; the only body which
can recall a judge is the Judicial Council, which Harabin will
lead when he assumes his new duties. We are genuinely concerned
that the many judges who have spoken out publicly against
Harabin will be subject to retribution. We will monitor the
situation closely and look for ways to support judges under fire
for their efforts to promote and preserve rule of law in
Slovakia.


2. Despite unprecedented public statements by respected
judges about the dangers of a Harabin-lead Supreme Court,
Justice Minister Stefan Harabin was elected Chairman of the
Supreme Court and Judiciary Council on June 22. Fifteen members
of the Judiciary Council voted for Harabin. His opponent,
Supreme Court Judge Eva Babiakova - whom Harabin referred to as
the "opposition's" candidate, even though her name was put
forward by the Slovak Supreme Court - received no votes. Two
judges abstained in the voting. We had heard from informed
sources that one member of the judicial council who has a
reputation for independence was afraid to vote against Harabin,
because she was certain that any "no" vote would be attributed
to her and she would be punished.


3. Concerns about the corrosive effect of Harabin's
election led not only to a series of articles and op-eds by
Slovak judges, but also to a first-ever collaboration between
judges and NGOs. Together with representatives from NGOs
Transparency International and Fair-Play Alliance, three judges
held a press conference on June 17 to highlight their concerns
about Harabin. Fair-Play Alliance launched an internet campaign
called "Red (Card) for Harabin" that garnered over 9,000
signatures.


4. The reaction of Harabin and the Justice Ministry to
the campaign was to denounce it as dishonest and a creation of
the political opposition. The Justice Ministry spokesman called
the NGO campaign a "totalitarian" tactic. As citizens signed
their names to the online "Stop Harabin" campaign, Fair-Play
Alliance forwarded their emails to all members of the Judicial
Council. In response, the office of Justice Ministry State
Secretary Hudak (a member of the Judicial Council who is close
to Harabin) sent emails to all of the petitioners that read
"Thank you for your vote. Stefan Harabin." While the Justice
Ministry Spokesman claimed that these emails were sent
"automatically, as a courtesy," Hudak's secretary acknowledged
sending them.


5. Several recipients of the Harabin "thank you" notes
contacted Fair-Play to express their unease that the Ministry
had their personal information. Their reaction is indicative of
Harabin's reputation. During the June 22 vote, opponents of
candidate Babiakova accused her of having missed work because of
a drinking problem. Harabin again denied having contacts with
Baki Sadiki, a suspected heroin trafficker. Per reftels, a
transcript of a conversation between the two is incontrovertible
proof to the contrary. He disputed charges that he has created
an atmosphere of fear among the judiciary, saying "the only
judges who have to worry are those who do not fulfill their
responsibilities."


6. It is likely that Harabin's opponent, Judge
Babiakova, will file a suit with the Constitutional Court (CC)
claiming that the judges on the Judiciary Council who are
subordinate to, or were appointed by Harabin (or HZDS),were
biased because of conflict of interest. Another potential
justification for a complaint could be the provision in the
Slovak Constitution that states that a member of the government
does not have the same rights as a judge, which suggests that
this would exclude the right to be elected to this post. Only
Supreme Court Judges are eligible to lead the court; Harabin
argues that his judgeship was merely suspended during his tenure
as Justice Minister,


7. Regardless of the merits of a potential complaint
against Harabin's election, it is highly unlikely to prevail.
We have learned from multiple reliable sources that the CC is
divided into two camps: 7 justices who vote along Harabin
lines, and 6 who retain some independence. This 7-6 split was
apparent in the recent ruling against the Special Court.
Equally, if not more important that the 7-6 divide, is the
manner in which cases are apparently divided among 4 panels of
the Constitutional Court. The Chairwoman of the Constitutional
Court claims that the random electronic case assignment system
applies only to the general courts, not to the Constitutional
Court. Thus, she decides which cases go to which panels. Two

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panels are reportedly led by Harabin allies; they are assigned
the most "sensitive" or important cases.


9. One of the so-called independent judges on the CC, Laszlo
Orosz, was subjected to threats, including an attempted
poisoning of his wife, in the run-up to the ruling on the
Special Court. His request to be recused from the vote on the
Special Court was rejected by the Chairwoman who stated that if
Orosz had really been threatened, he would have filed a criminal
complaint. She ignored the fact that as the victim of the
alleged poisoning, it was logically Mrs. Orosz who had filed a
complaint. (Note: according to the attorney who represented the
pro-Special Court argument before the CC, after two months Mrs.
Orosz's criminal complaint has still not been acted on by the
General Prosecutor's office.) We have heard that another judge
who voted to preserve the Special Court, who had been subject
to severe pressure to resign his post, will again be facing a
campaign aimed at hastening his retirement.


10. Although action on the law that would bestow on Harabin
unprecedented powers has been postponed, it now seems clear that
the reasons were merely tactical, i.e., the thinking appears to
have been that if Harabin's coup was not yet a fait accompli,
wavering council members (if indeed there were any),might feel
more comfortable voting for him. Over the weekend, HZDS party
leader and Harabin supporter Vladmir Meciar, provided during a
television interview his rationale for withdrawing the
legislation until September: According to Meciar, it would be
more appropriate for Harabin's successor to put forward
legislation drafted by Harabin aimed at strengthening Harabin.
(Comment: Indeed!)


11. If our conversations with members of Prime Minister Fico's
Smer party are any indication, it's likely the legislation will
pass in September. We heard from the head of Smer's youth wing
that the legislation would be passed to preserve the coalition,
but then repealed in a post-2010 government that will exclude
HZDS. (Comment: we believe it will be very difficult, if not
impossible, to repeal this law, once passed. ) According to the
Dutch Ambassador, Ivan Sramko, the head of the Slovak National
Bank, told him that PM Fico, while not overly fond of Harabin,
respects him as a man who is powerful and "knows the system."
Besides, according to Sramko, the quality of the judiciary is so
low, that Harabin is viewed as the best choice.


12. Comment: While there are abundant problems in the Slovak
Judiciary, there are capable, honest, and extraordinarily brave
judges here. Sramko's comments are indicative of the deep
cynicism that has taken hold of Slovak politics. Harabin has
already stacked the judiciary with his cronies; he has destroyed
the careers and lives of several good judges, and his growing
sense of impunity was on full display in his recent extortionist
letters to media outlets asking for compensation for unspecified
coverage that damaged his reputation. Now, for at least the
next five years, Harabin will wield unprecedented power in the
judicial sector. His term will be five years, the legacy of
damage will likely be measured in decades.
EDDINS