Government and police initiatives against organized crime; infiltration or links between government and organized crime [SLK33224.E]

The following is a brief chronology of developments involving organized crime in the Slovak Republic in 1998 and 1999.

On 28 January 1998, a meeting was convened in Bratislava between senior Slovak government officials including General Prosecutor Michal Valo, Interior Minister Gustav Krajci, Interior Ministry State Secretary Ladislav Polka, Police President Peter Nemec and Ministry of Justice head Milos Kaan (TASR 28 Jan. 1998). The purpose of the meeting, held at the initiative of the General Prosecutor, was to discuss ways of combating organized crime (ibid.).

On 10 March 1998 it was reported in the Slovak media that Interior Minister Gustav Krajci had stated that special units dedicated to dealing with organized crime had been created in the police, prosecution and judicial services of the government, and that the police had been given a government grant specifically to finance activities against organized crime (TASR 10 Mar. 1998).

On 13 March 1998 Slovak Member of Parliament Robert Fico stated that the Slovak authorities had been ineffective in dealing with crime in recent years, adding that of 30 cases of contract killings ("requested murders") committed in 1997, only two had been solved by the authorities (TASR 13 Mar. 1998).

On 18 March 1998 the Slovak Interior Ministry released a report according to which the Slovak police had succeeded in destroying about half of the 48 organized crime operations in the country (TASR 18 Mar. 1998). The Interior Ministry also reported that Slovak banks, in accordance with their obligation to cooperate with law-enforcement agencies, had reported "shady financial dealings" worth Sk15 billion from July 1997 to March 1998 (ibid.). The regulations obliging banks to report such dealings came into effect on 1 July 1997 (ibid. 26 May 1998). In addition, Jan Jucha, head of the Financial Police of the Slovak Interior Ministry, reported to a parliamentary committee that cases of crimes motivated by financial gain had declined from 8,600 in 1995 to 4,760 in 1997 (ibid. 18 Mar. 1998).

On 26 May 1998 the Slovak Finance Minister, Miroslav Maxon, stated that money used to buy bonds in Slovakia's first bond emission, worth Sk 2 billion, would not be checked for signs of illicit origin (TASR 26 May 1998). The government was criticized for this on the grounds that the bond issue would likely provide opportunities for organized criminals to "launder" money (ibid.).

On 11 January 1999 former Economy Minister Jan Ducky was shot to death in Bratislava (RFE/RL 14 Jan. 1999). Economy Minister until 1996, Ducky had been linked to the petrochemical industry in Russia and the Czech Republic; Slovak Interior Minister Ladislav Pittner speculated that former Slovak intelligence agents linked to organized crime, seeking to prevent the disclosure of financial irregularities under a previous Slovak government, may have been responsible for Ducky's death (ibid.). On 11 February 1999 Pittner reported to parliament that the ongoing investigation into Ducky's death indicated that the killing was linked to organized crime (TASR 11 Feb. 1999).

On 22 April 1999 the Slovak police released a report in which they stated that

there were 52 Mafia groups in Slovakia of late, with about 600 stable members. Police were able to stop 11 of the groups. Most of the groups of organized crime are in the Trnava region, three of them in the Dunajska Streda district. Nitra is the least affected region, with only four Mafia groups. ... about 45 murders [were] committed in the last year, with 29 of the victims affiliated with an organized crime group. According to the most up-to-date knowledge, most murders were caused by a Prievidza group with 14 murders followed by a Banska Bystrica group of 13. In trading with drugs, the dominant position is held by Albanians from Kosovo and Macedonia and the influence of Arabian and African people is strengthened. Foreigners also take part in the blackmail and economic crime activities. 783 persons took part in the illegal migration in an organised form, with 419 reported cases of human smuggling and 7,752 migrants were caught ( twice that of previous years (TASR 22 Apr. 1999).

On 3 May 1999 the Slovak government introduced amendments to legislation on organized crime, according to which

someone who establishes a criminal gang, or is its member, or supports it in any way shall be punished by 3-10 years' imprisonment and/or forfeiture of their property. A criminal gang is defined under the bill as a established group of at least three persons involved at committing crimes to achieve gain, infiltrate public authority organs (in order to gain control or influence over them) and/or permeate businesses and other entities in order to cover up crimes, or engage in criminal activity designed to legitimize ill-gotten gains. The perpetrator may be cleared of their liability for their role in plotting crimes if they provide information to the prosecutor at a time when the perpetration of the crime can be prevented. A police agent acting inside a criminal organisation will be cleared of any offences committed if they were forced to do them or committed them under extreme duress (fear for the life or health of themselves or someone close to them). This non-culpability excludes crimes of treason, subversion of the republic, terrorism, murder, rape or aircraft-hijacking. Collection of so-called protection money is punished by jail terms of 3-15 years. ... the amendment also deals with money laundering, new forms of economic crime and drug-trafficking (TASR 3 May 1999).

In addition, the legislation imposes a 3-15 year prison term on persons who use violence to collect money on behalf of a third party; in addition,

The amendment also punishes the guides of illegal immigrants through state borders by six months to three years. If the guides are members of an organised group, the imprisonment could be up to five years. Fraudulent bankruptcy of a company caused intentionally by the statutory body or by the proxy of a legal entity shall be punished by three years imprisonment or by a ban on business activity. The intentional bankruptcy of a legal entity shall be punished by three years imprisonment or by a ban on business activity. The intentional bankruptcy of a legal entity or the averting of paying debts to a creditor by an individual shall also be considered a crime (TASR 6 July 1999).

The amendment was approved on 6 July 1999 (ibid.).

On 1 October 1999 the Slovak parliament passed an amendment empowering the Slovak Intelligence Service (SIS) to "gather and evaluate facts" on organized crime (TASR 2 Oct. 1999). The former Interior Minister, Gustav Krajci, reacted to this development by stating that the new powers given to the SIS ran counter to Council of Europe guidelines restricting the use of intelligence agencies in fighting organized crime (ibid.).

In a 30 October 1999 interview, Slovak Police Vice President Imrich Angyal stated that as a result of new legislation against organized crime and the establishment of a special anti-organized crime unit within the police, the Slovak police now had a better overview of the organized crime situation in the country (Pravda 30 Oct. 1999).

Angyal added that the involvement of foreigners in organized crime in Slovakia meant that cooperation between Slovak authorities and those of neighbouring countries and other foreign countries was becoming more important (ibid.). Media reports indicate that Slovakia has signed agreements with neighbouring countries to cooperate in their efforts against organized crime, as detailed in the following section.

On 12 March 1998 the Slovak Interior Minister signed an agreement with the Ukrainian Interior Minister aimed at combatting organized crime (TASR 12 Mar. 1998). The agreement was a Protocol to a 1993 Inter-Ministerial Cooperation Agreement between the two countries (ibid.). The Ukrainian Interior Minister stated that the new Protocol would

enable police in both countries to gain access to security information, improve effectiveness in the fight against organized crime, including drug and arms smuggling, car theft and others (ibid.).

Another protocol was signed between the two countries on 17 February 1999, when a delegation from the Slovak Interior Ministry met with Ukrainian Interior Minister Yuri Kravchenko in Kiev. The protocol was on cooperation in combating organized crime "defining, in eight points, cooperation in fighting organized crime entailing an exchange of experts and detection of some factors significant to both sides" (TASR 17 Feb. 1999). Slovak Interior Minister Pittner stated that the efforts of Ukrainian organized criminals to take over organized crime in Slovakia had been discussed at the meeting, and he added that he had discussed border security with Ukraine's Chief of State Committee for Protection of State Borders (ibid.).

On 4 November 1999 Slovakia and Bulgaria signed an agreement to cooperate against organized crime, with a special emphasis on the protection of witnesses (BTA 4 Nov. 1999). The agreement was signed in Sofia by Slovak Interior Minister Ladislav Pittner and Bulgarian Interior Minister Bogomil Bonev (ibid.). The Slovak delegation to Sofia included Yaroslav Igor, Director General of the Prosecution Department of the Slovak Interior Ministry, and Police Vice President Imrich Angyal (ibid.). Pittner stated that the protection of witnesses was particularly important, noting that a convicted organized criminal in Slovakia had recently offered Sk 25 million for the death of a witness against him (ibid.).

No reports on infiltration or links between the Slovak government and organized crime could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


BTA [Sofia, in English]. 4 November 1999. "Police Cooperation Agreement Signed with Slovakia." (FBIS-EEU-1999-1104 4 Nov. 1999/WNC)

Pravda [Bratislava, in Slovak]. 30 October 1999. Juraj Handzo. "Police Vice President Assesses Organized Crime Situation." (FBIS-EEU-1999-1102 30 Oct. 1999/WNC)

Radio Free Europe/Radio Liberty (RFE/RL). 14 January 1999. Jolyon Naegele. "Slovak Politics Unsettled by Former Minister's Murder." (NEXIS)

TASR [Bratislava, in English]. 2 October 1999. "Palko Asserts SIS Should Help to Resolve Organized Crime." (FBIS-EEU-1999-1004 2 Oct. 1999/WNC)

_____. 6 July 1999. "Parliament Amends Code Provisions on Organized Crime." (FBIS-EEU-1999-0707 6 July 1999/WNC)

_____. 3 May 1999. "Penal Code Amendment to Clamp Down on Organized Crime." (FBIS-EEU-1999-0503 3 May 1999/WNC).

_____. 22 April 1999. "Slovak Police Release Report on Organized Crime." (FBIS-EEU-1999-0422 22 Apr. 1999/WNC)

_____. 17 February 1999. "Ukraine, Slovakia Sign Pact on Anti-Mafia Cooperation." (FBIS-EEU-1999-0218 17 Feb. 1999/WNC)

_____. 11 February 1999. "Pittner Briefs MPs on Investigations into Ducky's Murder." (FBIS-EEU-1999-0211 11 Feb. 1999/WNC)

_____. 26 May 1998. "Slovakia Not to Check Origin of Money Used to Buy Bonds." (FBIS-EEU-98-147 27 May 1998/WNC)

_____. 18 March 1998. "Slovak Parliament Briefed on Combating Organized Crime." (FBIS-EEU-98-077 18 Mar. 1998/WNC)

_____. 13 March 1998. "Slovak MP: Only 2 of 30 Contract Killings Solved in '97." (FBIS-EEU-98-072 13 Mar. 1998/WNC)

_____. 12 March 1998. "Slovak, Ukrainian Ministers Sign Cooperation Protocol." (FBIS-EEU-98-072 13 Mar. 1998/WNC)

_____. 10 March 1998. "Interior Minister Cited on Policy Against Organized Crime." (FBIS-EEU-98-069 10 Mar. 1998/WNC)

_____. 28 January 1998. "Judiciary, Police Consult on Combating Organized Crime." (FBIS-EEU-98-028 28 Jan. 1998/WNC)