US embassy cable - 04BRATISLAVA675

UNCLAS  BRATISLAVA 000675 
 
SIPDIS 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, KJUS, KCOR, PINR, LO 
SUBJECT: FUTURE CHALLENGES FOR THE NEW GENERAL PROSECUTOR 
 
 
Sensitive but Unclassified - protect accordingly 
 
1. (U) Summary. In January Parliament approved General 
Prosecutor Dobroslav Trnka's appointment to a five-year 
term. The Office of the General Prosecutor (GP), an entity 
completely independent from the Ministry of Justice (MOJ), 
is leading several investigations with high political 
interest and faces pressure from the government to merge 
into the MOJ. Additionally, the Office of the GP will assist 
in the creation and development of a new Anti-Corruption 
Prosecutor's Office to become operational this fall. During 
a recent visit, the Ambassador emphasized the need for rule 
of law and due diligence on past cases. End Summary. 
 
Calls for Reform of GP's Office Structure 
------------------------------------------ 
 
2. (U) The General Prosecutor's Office and the Ministry of 
Justice (MOJ) in Slovakia are independent organs. However, 
Justice Minister Daniel Lipsic recently stated that the GP's 
Office should be under the control of the MOJ. The structure 
of the Office of the GP, whose main function is to 
administratively supervise police investigations, was 
inherited from the communist regime.  The Czech Republic 
chose to fold the function into the MOJ in 1993, but 
Slovakia preserved the prior system. 
 
3. (U) In a recent meeting with the Ambassador, Trnka said 
he wished to maintain an independent office although he 
recognized several limitations to the current status quo. 
Inadequate funding means his office depends on other 
ministries for additional appropriations. There is only a 
low level of effective cooperation with the overburdened 
judiciary. Nevertheless, he believed the independence of the 
office protects it from political influence and it should be 
left intact. 
 
Creation of Special Prosecutor's Office 
--------------------------------------- 
 
4. (SBU) In March 2004 the parliament passed legislation 
creating a new Special Prosecutor's Office to Fight 
Corruption and a new anti-corruption court to investigate 
and try high-ranking officials and individuals involved in 
organized crime. Parliament quickly approved Trnka's nominee 
to the position, Dusan Kovacik, and Trnka is now in the 
process of reviewing cases to be transferred to the new 
office. Trnka lamented that the parallel structures may 
increase bureaucracy, but stated that his office will aid 
and support its creation. 
 
5. (SBU) According to Jan Hrubala, Director of the 
Government Office for Anti-Corruption Initiatives, the new 
court was confronting bureaucratic and political problems. 
The judicial council has not nominated any judges to the 
court because of a delayed security clearance for one 
applicant--Judge Pavol Polka from Zilina.  He has had an 
antagonistic relationship with the MOJ and fought prior 
reform efforts. Polka may have enough support on the 
judicial council to secure a nomination if a clearance is 
granted.  Other qualified applicants have already stated 
they would refuse to serve with Polka. 
 
Due Diligence on Past Cases 
--------------------------- 
 
6. (SBU) During the meeting with Trnka, Ambassador Weiser 
referred to several investigations involving government 
officials or allegations of high-level corruption. He 
stressed the importance of paying due diligence to past 
cases in order to enforce the rule of law. Trnka agreed with 
the Ambassador and noted that he was personally reopening 
nearly 40 cases to ensure that proper evidentiary procedure 
was followed and unbiased decisions were made. He promised 
that the General Prosecutor's Office would remain vigilant. 
 
Trnka Bio Information 
---------------------- 
 
7. (U) Trnka spent most of his career as a military 
prosecutor and became Chief Military Prosecutor in 1999. He 
presided over the recent investigation into the illegal 
phone tap by Slovak Intelligence Service (SIS)of a leading 
Slovak daily and Pavol Rusko, the Chairman of ANO, and the 
possible intimation of the military investigators. He 
attended Comenius Law School from 1983 to 1987 with Robert 
Fico, Chairman of Smer, and the new Special Prosecutor Dusan 
Kovacik. His first well-known case as a military prosecutor 
was the investigation of police brutality during student 
protests in November 1989. He speaks Russian and English. He 
was born on November 9, 1963 and is married with one child. 
 
Comment 
 
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8. (SBU) The new Anti-Corruption Special Prosector's office 
is a major initiative of Justice Minister Lipsic.  Ministry 
interest in the development of this new office may also 
increase pressure for the merger of the GP's office into the 
Ministry.  A possible merger would support on-going reforms 
in investigative procedure at the Ministry of Interior and 
improve communication with the judiciary. Trnka's opposition 
to the idea could lead to conflicts with Lipsic. 
Nonetheless, Trnka appeared to be a dynamic and committed 
leader concerned with improving the internal workings of his 
office. 
 
WEISER 
 
 
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