PROTECT THE RULE OF LAW!

Slovakia’s Prime Minister Robert Fico aims to stymie the institution that fights corruption – Rajika Jayatilake

Slovaks recently rallied in over 30 towns and cities across Slovakia in their thousands in countrywide protests organised by the parliamentary opposition and civil society organisations.

Reflecting what Founder of Transparency International (TI) Dr. Peter Eigen once said – “People should be conscious that they can change a corrupt system” – the people of Slova­kia turned out en masse to protest against Prime Minister Robert Fico’s attempts to overturn corruption cases involving senior politicians in his Direction – Social Democracy (SMER) Party.

The new Slovakian government launched its strategy to reform criminal law on 6 December 2023 in an effort to reduce punishment for serious crimes including graft and corruption.

Equally dismaying are its attempts to dissolve the Special Prosecutor’s Office, and remove elite investigators and police officers who were probing high profile cases. Several people being investigated have even faced prosecution.

The Slovakian political opposition and media view Fico’s actions as traversing a dangerous path while President Zuzana Čaputová condemned the actions as jeopardising the rule of law and causing “unpredictable” damage to society. She even threatened to challenge the legislation constitutionally.

Meanwhile, the EC has urged the Fico government to consider carefully the consequences involved in making the intended changes, which are far-reaching and touching many aspects of EU law.

The European Public Prosecutor’s Office warned of the risk to the protection of European Union financial interests and its anticorruption framework. And the US also perceives the hurried reforms as being a threat to the rule of law.

Whatever the world may say however, Fico is determined to go ahead. He told the media that “as far as the Office of the Special Prosecutor is concerned, we are dismantling it – and all the cases will go to the relevant (general) prosecutors.”

Apparently, general prosecutors in the regions have not handled such crimes for 20 years; and obviously, they will not be able to match the skills of the Special Prosecutor’s Office.

Slovakia’s Special Prosecutor’s Office, which was established in September 2004, has exclusive oversight over the prosecu­tion of corruption and serious economic crimes. Its investigations range from organised crime and extremism, to graft, corruption, tax crimes and harassment of journalists.

Currently, it’s also overseeing a probe into oligarchs suspected of corruption in agricultural subsidies and public contracts. Although it comes under the Attorney General’s purview, the office functions independently of the General Prosecutor’s Office.

This is Fico’s fourth time at the country’s helm. During his third term in power, his SMER Party lost the general elections, which were called early in 2020 following major protests by a public inflamed over the brutal murders of investigative journalist Ján Kuciak and his fiancée Martina Kušnírová in February 2018.

The anti-Fico government that assumed power in 2020 campaigned on an anticorruption platform. Making good on its election promises, the government enabled the Special Prosecutor’s Office to investigate over 100 people including police and judicial officers, and well-connected businessmen. According to Slovak media, about 40 people were indicted and sentenced.

For many weeks, Slovakian opposition parties did their utmost to delay the vote being called to fast track the country’s criminal law reforms, on the basis that it would lead to impunity for politicians and business leaders connected to Fico.

Fico says that his government is willing to consider amendments suggested by Slovakia’s General Prosecutor, the EU Executive or the European Commission; but he is not amenable to giving up his plan to dismantle the Special Prosecutor’s Office.

“These proposals will not change anything toward the basic fundamental change to the criminal code, criminal procedure and the plan to cancel the office of the special prosecutor,” he told a news conference:

Former premier Eduard Heger, who personally conveyed his concerns to the EC about Fico’s intentions, called the plans “poisonous” and the liberal Christian Democratic parliamentary opposition said that street protests will continue if Fico’s government proceeds with the legal reforms.

Head of the opposition Freedom and Solidarity Party Richard Sulík told gathered crowds that “Slovakia will become a haven for criminals” and the people holding banners that read ‘Fico is evil’ chanted “mafia, mafia!”

Street protests intensified, and spread to more cities and towns across Slovakia, as well as overseas in countries where Slovaks live – such as the Czech Republic, Poland, France, Norway, Ireland, Belgium and Luxembourg.

The actions of the Fico government could demote Slovakia to the category of Poland and Hungary in the estimation of the European Commission, which has been critical of the two nations for dismantling their independent institutions including the court system and media to hold onto power.

Moreover, the EC – which is the EU’s executive arm – has withheld billions of euros in funding to them as well.

In the words of Nobel Peace Prize Laureate Rigoberta Menchú, “without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built.”