Call by Slovak lawyers responding to the violation of the rule of law in criminal law
We, former and current members of the judiciary, lawyers, academics and members of other legal professions,
recall our Appeal against the violation of the rule of law published in January 2021, warning, among other things, of the massive violation of the rights of the accused in criminal proceedings and warning against the abuse of criminal proceedings for political purposes. This Call was a significant public criticism of the situation in the Slovak Republic and was supported by over four hundred Slovak lawyers (including 233 attorneys and 123 judges and judges emeritus). According to the Call, the change in the functioning of the judiciary and law enforcement agencies, in particular their efforts to gain popularity with the public, was a cause for concern. As signatories of the Call, aware of the long-standing problems in the courts, the prosecutor's office, and the police, we pointed out that the answer must not be a populist attempt to make crime fighting illegal. The rule of law and the applicable law must be respected, even when they lead to fewer prosecutions and subsequent convictions in criminal proceedings or to fewer people being taken into custody. Furthermore, we have criticised the abuse of the institution of detention to put pressure on the accused in order to obtain his confession or cooperation in the detection of other criminal activities. We were also concerned about the use of the testimony of a cooperating witness as key evidence in criminal proceedings against judges or police officials, who were allowed to enjoy their freedom in exchange for testifying against specific individuals. We have pointed to the overuse of the above-mentioned institute without rigorous scrutiny of the testimony of such persons, allowing them to take disproportionate advantage, noting that such testimony, when it is the only direct evidence against the accused, was found by the European Court of Human Rights (ECtHR) in the case of Adamčo v. Slovakia to be incompatible with the right to a fair trial. We have criticised the massive violation of the principle of presumption of innocence by politicians as well as the media, without any expected consequences. By violating the principle of the presumption of innocence, the government has tried to appear to be prosecuting criminals, thereby creating a very dangerous atmosphere of hatred in society. We also considered the relationship between law enforcement and the media to be a major problem. In our opinion, there was a systematic, long-term and selected media leaking information from the files, which then presented their biased and subjective view, and we criticised the fact that the state authorities did not react to these media excesses and did not stop the leaks. We criticized the publication of the minutes of the accused from the pre-trial proceedings in their entirety, which have the potential, as serious procedural errors, to jeopardize the legality of such criminal proceedings and, as a consequence, the very decision-making on the guilt or innocence of the prosecuted persons. At the time, the cooperation between law enforcement authorities and the media was systematic. Media interest was used to discredit specific persons. We have pointed out that in many cases it was not necessary to send a special commando to detain public officials who had previously avoided cooperation with law enforcement authorities and had been questioned only as witnesses, and to humiliate them with handcuffs with the active participation of journalists.
1. Slovak Bar Association surveys on the legality of the procedures of the LEAs
We would also like to remind you that subsequently, on 1 April 2021, the Slovak Bar Association ("SAK") carried out the first internal survey concerning the legality of the procedures of the Law Enforcement Authorities ("LEAs"). The intention was to compile a knowledge index that would provide the SAK Bureau with information on the experiences of defence lawyers and the practices of law enforcement authorities in light of the growing concern of the professional public regarding the practice of the LEAs in relation to the execution of detention. 71 advocates responded to the survey. 72% of the respondents (51 respondents) indicated that in their experience, unlawful coercion is part of the practice of the LEAs. The remaining 20 respondents (28% of respondents) indicated that they had not encountered unlawful coercion in their practice. The next question sought to find out at which stage of the proceedings practices related to unlawful coercion are most common, according to the respondents' experience or information. As many as 98% of the responses confirm the existence of unlawful coercion in pre-trial proceedings (in terms of 31.4% of the responses this is a_ modus operandi_, 39.2% of the responses speak of frequent existence and 27.5% of the responses speak of occasional occurrences). Up to 100% of the answers confirm the existence of unlawful coercion in pre-trial proceedings (in terms of 19.6% of the answers it is a _modus operandi_, 52.9% of the answers speak of frequent existence), the remaining answers speak of occasional cases (27.5%). As many as 84.4% of responses confirm the existence of unlawful coercion at the post-indictment stage, although the vast majority of responses speak of occasional cases - 70.6% (in 2% of the respondents' opinion, it is a _modus operandi_, in 11.8% it is a frequent case). The majority of the answers, 56.9%, confirm the existence of unlawful coercion also in the time after the first instance decision, but only 2% of the respondents mention it as a frequent practice, 54.9% mention it as occasional cases, and in 43.1% of the answers, according to the respondents, there is no unlawful coercion at this stage. When asked whether the failure to file a custody petition in the case of an accused was conditioned or stimulated by his confession, 45 respondents (63%) indicated that their client had such an experience. In the next question, respondents specified at which stage of the proceedings a motion for custody was most often conditioned. Respondents confirmed that they had encountered this practice. In pre-trial proceedings, 91.1% of responses confirmed it (according to 11.1% of responses it is a _modus operandi_, 46.7% of responses speak of common practice, 33.3% of responses speak of occasional cases); in pre-trial proceedings, 95.6% of responses (according to 13.3% of responses it is a _modus operandi_, 46.7% of responses speak of common practice, 35.6% of responses speak of occasional cases); after indictment 69.5% of responses (16.7% of responses speak of common practice, 52.8% of occasional cases); and after first instance decision 28.9% of responses (8.3% of responses speak of common practice, 22.2% of occasional cases). 54% of respondents answered (38 persons) that they are aware that after charges are filed against their client, witnesses are approached by other LEAs before they are questioned by the procedural investigator.
A second internal survey regarding the legality of the practices of the LEAs was conducted by the Slovak Bar Association on 4 September 2023. 110 attorneys participated in the survey. 64% of the respondents (70 respondents) indicated that in their experience illegal coercion is part of the practice of the LEAs. The remaining 40 respondents (36% of respondents) indicated that they had not encountered unlawful coercion in their practice. In response to the next question, at which stage of the proceedings are the practices associated with unlawful coercion, according to the experience or information of the respondents, as many as 98.6% of the answers confirm the existence of unlawful coercion in the pre-trial proceedings (in terms of 14.3% of the answers it is a _modus operandi_, 48.6% of the answers speak of its frequent existence and 35.7% of the answers speak of its occasional existence). Up to 98.6% of the answers confirm the existence of unlawful coercion in the pre-trial proceedings (in terms of 11.4% of the answers it is a modus operandi, 50% of the answers speak of frequent existence), the remaining answers speak of occasional cases (37.1%); 64.3% of answers confirm the existence of unlawful coercion at the post-indictment stage, although the vast majority of answers speak of occasional cases - 54.3% (in 1.4% according to the respondents it is a modus operandi, in 8.6% it is a frequent case); and the majority of answers do not confirm the existence of unlawful coercion at the time after the first instance decision (65.7% say it does not exist); according to 34.3%, there is sometimes unlawful coercion at this stage. 44% of the respondents (48 persons) said that they are aware that after charges are brought against their client, witnesses are approached by other LEAs before they are questioned by the procedural investigator.
2. Politicization of the Special Prosecutor´s Office by a purposeful change in the law
We recall that the situation we criticized became even more acute after the election of the politician Daniel Lipšic as Special Prosecutor, under whose leadership the Special Prosecutor´s Office began to engage in public commentary on selected "live" criminal cases, thus systematically violating the presumption of innocence. Through media statements, the Special Prosecutor´s Office also defended some National Criminal Agency ("NAKA") investigators who were facing criminal allegations. These suspicions were investigated by the Inspection Service Office, which is responsible for inspecting police officers, including those at NAKA. Other institutions also entered into these openconflicts between NAKA and the Office of the Inspection Service, in particular the Slovak Information Service ("SIS"), the General Prosecutor's Office, the Office of the Inspection Service and the Regional Prosecutor's Office, and, of course, politicians. The network of conflicts between these institutions reached such proportions between autumn 2020 and autumn 2021 that journalists began to speak openly of aso-called 'war in the police'. The man who started it is the former head of NAKA's operational department, Ján Kaľavský, who came to the Inspection Service Office with the claim that police officers manipulateinvestigations into major corruption cases. In order to obtain evidence, he became an agent providing, for example, wiretaps on the goings-on at NAKA. He was subsequently accused of corruption by his colleagues, and in August 2021 Káľavský fled across the border. He was caught in Bosnia and Herzegovina, but the courts refused to extradite him to Slovakia. He applied for asylum in that country. Subsequently, in an interview published on 6 September 2022 for the weekly Plus7dní, he stated that he feared for his life and published shocking information about how some NAKA officers had mentally abused, tortured, blackmailed, fabricated evidence, falsified official records, detained them in the early hours of the morning by a special commando and deliberately mistreated them during arrest and detention in order to force them to make certain statements. Káľavský realised that he wanted no part in this when the investigator Čurilla told him, in connection with his later accused colleague Kučerko, that he would soon be able to go to his home and might shoot his children, and when the general in custody, General Lučanský, died and these colleagues were rejoicing. Káľavský considers his accusation to be fabricated, saying that the legal wiretaps of the Čurilla show that he "_ needed to attribute anything to him. Anything!_". He criticizes that Danilel Lipšic called it informal debates of policemen.
We recall that in the past, only a prosecutor with 10 years of experience, working at the General Prosecutor's Office, could be elected as a special prosecutor. In 2020, the legislation was purposely changed so that someone who had no experience in the prosecutor's office could be elected as a special prosecutor, and the special prosecutor subsequently became the politician Daniel Lipšic.
3. Reaction of the ECtHR to the failures of the Slovak Republic
The fact that our criticism contained in the Call from 2021 was justified and that the results of the above-mentioned SAK surveys are an important indicator of human rights violations in criminal cases is evidenced by the reaction of the Constitutional Court of the Slovak Republic as well as the European Court of Human Rights (ECtHR) contained in its subsequent judgments as well as in the complaints communicated to the Government of the Slovak Republic.
3.1 Cooperating witnesses
As an example, we refer to the case of Erik Adamčo v. Slovakia of 1 June 2023, in which the ECtHR held that the Slovak courts had not paid any clear individual attention to the extent and nature of the benefits of cooperating witnesses obtained in exchange for incriminating evidence, despite the specific arguments made by the complainant Adamčo on this point. These benefits were significant, including the fact that the authorities delayed the prosecution of witnesses for multiple murders. The ECtHR noted that Slovak law did not appear to contain provisions relating to the granting of immunity and that such agreements were made outside judicial review. The applicant Adamčo received only abstract answers to his arguments in this respect. As the use of evidence in the trial concerning the applicant Adamčo with evidence from cooperating witnesses did not have adequate safeguards to ensure his fairness, it did not satisfy the safeguards of Article 6 and therefore there had been a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention).
In Vasaráb and Paulus v. Slovakia, 15.12.2022, the ECtHR concluded that, given the way in which the domestic courts had responded to the applicants' request to question witnesses in their favour, the proceedings as a whole had been unfair and there had been a violation of Article 6(1) and (3)(d) of the Convention. It noted that the applicants' proposed evidence should have related to motive as a structural element of the offence (motive was part of the offence) and the credibility of the evidence of the key witness against the applicants. They were therefore considered by the ECtHR to be relevant to the substance of the charges. In this judgment, the ECtHR reminded the Slovak authorities of the fundamental principle of criminal procedure, also contained in our Criminal Procedure Code, according to which the law enforcement authorities must clarify with equal diligence the circumstances testifying against the accused as well as those testifying in his favour. In the applicants' case, according to the ECtHR, the Slovak authorities failed to do so. The ECtHR stressed that they had examined only one version of events and had actively refused to examine the version put forward by the complainants. The ECtHR also stressed the need for careful scrutiny of the testimony of witnesses who are themselves implicated in criminal activity and testify in exchange forimpunity or other benefits.
3.2 Ill-treatment in detention and disproportionate police intervention
With regard to the content of the Call from 2021, we further note that the ECtHR has notified the Government of the Slovak Republic of the complaint of Attorney Ribár, raising the question under Article 3 of the Convention whether the conditions of his detention constituted inhuman and degrading treatment. Further, whether there had been a violation of the applicant's right to respect for his right to private and family life in view of the restrictions imposed on the applicant as regards his ability to call and see members of his family. The ECtHR also asks whether he has been discriminated against in the enjoyment of his rights under the Convention. Another complaint already communicated to the Government to the ECtHR concerns the allegedly disproportionate force used against the applicant during the police intervention at her family home to arrest her father. During the police intervention, the applicant, Ms Brhlová, sustained injuries which required her to be treated in hospital. The complainant's criminal complaint in connection with the incident was successively dismissed by the police and the prosecutor's office, which concluded that there was no evidence that acriminal offence had been committed. According to the complainant, theState failed to conduct an effective investigation into the illegal entry into her family home. The ECtHR asks the Government not only whether there has been an unjustified interference with the applicant's right to respect for her private life and home, but also, under Article 8 of the Convention, whether the proceedings concerning the applicant's criminal complaint complied with the requirements of Article 8 of the Convention.
3.3 Article 18 of the Convention and the alleged ancillary purposes of the interference with human rights
This year the ECtHR also notified the Government of the complaints of Jaroslav Haščák joined in one proceeding and of Róbert Fico. In both cases, the ECtHR is also asking about possible violations of Article 18 of the Convention by the Slovak Republic. Both of the above-mentioned complaints have their origins in criminal proceedings in connection with which the complainants allege violations of Articles 8 (right to respect for private life), 13 (right to an effective remedy), and 18 of the Convention (prohibition on the use of restrictions on the exercise of rights for a purpose other than that for which they were intended). In the case of Róbert Fico, it is also a violation of Article 6 of the Convention (the right to a fair trial) in relation to the proceedings on his constitutional complaint before the Constitutional Court of the Slovak Republic. The first complaint relates to the alleged leak of information to the press concerning the detention of the complainant Jaroslav Haščák and the search of his offices, which took place on 1 December 2020 in connection with criminal proceedings against him. On that date, a large number of police officers in heavy weapons entered the complainant's business premises in order to carry out a search and detain him. Those acts were carried out under the scrutiny of the media. The applicant submits that this exposure was tainted by the arbitrary leaking of information about his arrest and the execution of the searches to the media and that he was denied protection of his rights inthis respect by the Constitutional Court. The ECtHR questions the Government of the Slovak Republic on the possible violation of the applicant's right to the protection of his private life under Article 8 of the Convention, as well as on the violation of the right to an effective domestic remedy in respect of Article 8 of the Convention, as required by Article 13 of the Convention. The final question concerns whether, in the case of a leak for which the Slovak Republic was responsible, the restrictions imposed on the applicant's right to respect for private life under Article 8 of the Convention were used for a purpose other than that envisaged by that provision, in breach of Article 18 of the Convention. The second complaint, which raises the question of a possible violation of Article 18 of the Convention, concerns the making of audio-visual recordings of the complainant Róbert Fico's private meetings at a hunting lodge in criminal proceedings. Also in this case, the ECtHR asks about a possible violation of Articles 8 and 13 of the Convention in connection with the making of audio-visual recordings in the interior of the (hunting) lodge. At the same time, however, it raises the question of a possible violation of Article 18 of the Convention on the ground of whether theinterference with the applicant's right to privacy was aimed at a hidden purpose (political discrediting of the applicant) and not at the officially presented reasons for the criminal investigation. The purpose of Article 18 of the Convention is to prevent the abuse of power by State authorities. In the past, the ECtHR has found violations of Article 18 of the Convention, in particular in relation to states such as Russia, Ukraine, Azerbaijan, Georgia or Turkey. In relation to theSlovak Republic, no violation of this article has been found so far. If this international judicial body finds that Article 18 of the Conventionhas been violated, it will mean nothing other than that the responsibleauthorities have deviated from the basic principles and deliberatelyabused the criminal justice system.
4. Position on the Government's current legislative initiative
In light of the above, we note with concern how the representatives of the opposition, many of whom have in the past been fully responsible for the violations of the fundamental principles of the rule of law that we outlined in the 2021 Call, are currently rejecting the necessarylegislative changes in response to the decision-making of the highest judicial authorities, including the ECtHR.
With regard to the proposed changes to the Whistleblower Protection Act, we recall that under the ECtHR's consistent jurisprudence, if a person has a defensible claim that he or she has been subjected to treatment by the police or other comparable state authorities, which is unlawful and contrary to Article 2 of the Convention protecting the right to life, Article 3 of the Convention prohibiting torture inhuman and degrading treatment or Article 8 of the Convention prohibiting unreasonable interference with physical and mental integrity or privacy, then these provisions imply a requirement to conduct an effective official investigation. This investigation must lead to the identification and punishment of those responsible. If this were not the case, then, according to this international judicial body, it would be possible in some cases for public officials to trample on the rights of those subject to their jurisdiction with near impunity. According to the ECtHR, the main purpose of an investigation is to ensure that public servants or public authorities are held accountable for treatment contrary to the above-mentioned articles of the Convention which has occurred in the course of their duties. In order for an investigation tobe considered effective, the institutions and persons responsible for it must be independent of those being investigated. Thus, the investigation of criminal activities by members of the Slovak Police Force must clearly meet the requirement of independence, whereby not only hierarchical, institutional independence is important, but also the practical independence of the investigator. The current legal situation results in an interpretation of the law which, in its consequences, allows officers of the Slovak Police Force accused of criminal activities investigated by the Inspection Service Office to continue to work at the Inspection Service Office, which is in absolute contradiction with the aforementioned ECtHR case law concerning the independence of investigations. In view of the situation, an immediate state response is needed, and for this reason, too, an abbreviated legislative procedure is justified. This is to prevent the investigation of crimes committed by members of the Slovak Police Force from being frustrated. The situation arising in Slovakia is all the more serious because, according to the allegation of the former head of the NAKA's operational department, Ján Káľavský, published on 6 September 2022 for the weekly Plus7dní, those who benefit from the current wording of the law and have recently been granted the status of protected whistleblowers have had the people under their authority psychologically abused, tortured, blackmailed, and fabricated evidence. The persistence of these problems may lead to a threat to the fulfilment of the positive obligations of public authorities, as they arise from the case law of the ECtHR: the substantive positive obligations to take appropriate measures to protect life, physical and bodily integrity or privacy from unlawful and arbitrary interference specifically by public authorities, and, in the event of a breach of these substantive obligations, the positive procedural obligations to carry out an effective independent investigation of the events in question. In the context of the Police Force of the Slovak Republic, this may be a threat to its obligation to fulfil its statutory tasks, which include the protection of fundamentalrights and freedoms, in particular the protection of life, health, personal liberty and security of persons and the protection of property, the detection of crimes and the identification of their perpetrators, or the conduct of investigations into criminal offences.
With regard to changes to the Criminal Code and the Code of Criminal Procedure, we recall the relevant parts of the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on the visit to Slovakia, which took place from 19 to 28 March 2018, according to which the CPT's top priority should be to ensure that deprivation of liberty is ordered only as a real last resort at each stage of the criminal justice system, from the preparatory proceedings to the execution of sentences. The CPT urged the Slovak authorities to continue their efforts to reduce the prison population in a sustainable manner, in line with the relevant recommendations of the Committee of Ministers of the Council of Europe. In this respect, the CPT referred in particular to Recommendations R(99)22 on prison overcrowding and prison population growth, Rec(2014)4 on electronic monitoring, Rec(2017)3 on European rules on sanctions and Community measures, Rec(2018)5 on children with incarcerated parents, Rec(2003)22 on parole, Rec(2006)13 on the use of pre-trial detention, the conditions under which it is carried out and the provision ofsafeguards against abuse, Rec(2008)11 on European rules for young offenders subject to sanctions and measures, and Recommendation Rec(2010)1 on probation rules of the Council of Europe. As regards Recommendation R(99)22 on prison overcrowding and prison population growth, the annex to it defines the basic principles. According to the first of these, deprivation of liberty should be considered as a last resort and only ordered when any other sanctions or measures are manifestly inadequate in view of the seriousness of the offence. According to the fourth, States should consider the possibility of decriminalising certain types of offences or reclassifying them so that they are not subject to custodial sentences. Regarding Recommendation Rec(2014)4 on electronic monitoring, the Committee of Ministers of the RE recommended that the governments of the RE Member States, when reviewing their respective legislation and practice, take all appropriate measures to apply the principles on electronic monitoring set out in the Annex to this Recommendation. In the introduction to this Recommendation, the RE Committee of Ministers agreed, inter alia, that deprivation of liberty should be used as a last resort and that mostsuspects and offenders can be dealt with effectively and cost-effectively within the community. It further stated that the continued growth of the prison population may lead to conditions of deprivation of liberty that are not in conformity with Article 3 of the Convention, as highlighted by the relevant case-law of the ECtHR. It reiterated that prison overcrowding and the growth of the prison population are major challenges for prison administrations and the criminal justice system as a whole, both in terms of human rights and the effective management of prison institutions, and acknowledged that electronic monitoring used in the criminal justice process can help to curb the resort to deprivation of liberty, while ensuring effective supervision of suspects and offenders in the community, and thus helping to prevent crime.
In light of the situation described above, we also support the abolition of the Special Prosecutor´ Office, noting also that the misconduct affecting fundamental human rights and freedoms identified by the highest judicial authorities has occurred in many cases in the exercise of its jurisdiction.
In conclusion, once again, as in the first Call of 2021, we state that we consider it dangerous if the violation of the rule of law in Slovakia and the prevention of necessary legislative changes is justified by the opposition and some NGOs by inadequate reference to European values. In our view, it is of the utmost importance that the relevant institutions of the European Union and the Council of Europe distance themselves from the actions of the Slovak opposition if they are not in line with the rule of law. We will keep these international institutions informed about the situation in Slovakia.
Call signers :
1. JUDr. Milan Ľalík - Judge Emeritus, former Deputy President of the Constitutional Court of the Slovak Republic
2. Dr.h.c.prof. JUDr. Jaroslav Ivor, DrSc.
3. Dr.h.c.prof. JUDr. Lucia Kurilovská, PhD.
4. Assoc. JUDr. Branislav Fábry PhD.- university lecturer
5. JUDr. Marica Pirošíková, PhD.- attorney at law, advisor to the Minister of Justice of the Slovak Republic
6. JUDr. Tomáš Suchý, PhD.- lawyer and university lecturer
7. JUDr. Martin Píry, PhD.- university lecturer
8. JUDr. Štefan Harabin, Judge of the Supreme Administrative Court of the Slovak Republic, two-time Chairman of the SR Judicial Council and the NSSR, Deputy Prime Minister of the Slovak Republic for Legislation and former Minister of Justice of the Slovak Republic
9. JUDr. Eva Bieliková- Judge
10. JUDr. Ing. Gréta Noé, LLM, PhD.- Associate
11. JUDr. Štefan Neszméry- attorney at law
12. JUDr. Zuzana Štrbáková- attorney at law
13. JUDr. Martin Ribár- attorney at law
14. JUDr. Marián Bošanský - attorney at law
15. JUDr. Lucia Matejová - attorney at law
16. Mgr. Judita Laššáková
17. JUDr. Katarína Rusnáková- judge emeritus
18. JUDr. Danica Rusnák Borisová- advocate
19. JUDr. Miroslav Zobok- attorney at law
20. JUDr. Andrej Gara- attorney at law
21. Mgr. Eva Garová- attorney at law
22. JUDr. Ing. Ľubomír Havlík- attorney at law
23. Doc. JUDr. Adrián Vaško, PhD.- university lecturer
24. JUDr. Dagmar Buchalová - Judge
25. JUDr. Martin Pohovej- attorney at law
26. JUDr. Marta Jasíková- attorney at law
27. JUDr. Loránt Kósa- attorney-at-law
28. JUDr. Katarína Roskoványi- Prosecutor of the GP SR
29. JUDr. Jaroslav Kozolka - Prosecutor of the GP SR
30. JUDr. Roman Benedikovič - Judge Emeritus
31. JUDr. Rajňák- Judge
32. JUDr. Daniela Ellen Rajňáková- Judge
33. Mgr. Filip Gašparec- attorney at law
34. JUDr. Jaroslav Klátik- attorney at law
35. JUDr. Bohumil Novák- attorney at law
36. JUDr. Zita Leimbergerová- judge
37. JUDr. Michal Mandzák- attorney at law
38. JUDr. Ľubomír Lipovský- attorney at law
39. Mgr. Filip Ľupták - VSÚ
40. JUDr. Vladimír Mitro- attorney at law
41. PhDr. JUDr. Igor Kleniar, PhD.
42. Mgr. Igor Cibula- attorney at law
43. JUDr. Roman Balco - attorney at law
44. JUDr. Peter Filip- attorney at law
45. JUDr. Peter Erdős - attorney at law
46. JUDr. Dušan Ivan- attorney at law
47. JUDr. Bernard Pekár- attorney at law
48. Mgr. Jaroslav Polko
49. Mgr. Elena Szabóová- attorney at law
50. JUDr. Jakub Križan- attorney at law
51. JUDr. Marcela Morsztýnová- attorney at law
52. JUDr. Erik Magál- attorney at law
53. JUDr. Tatiana Biedniková- judge emeritus
54. JUDr. Helena Nagyová
55. Mgr. Adriana Lichnerová
56. Mgr. Viera Hradiská
57. Mgr. Jakub Môcik- trainee attorney at law
58. JUDr. Viera Vadovická - attorney at law
59. JUDr. Ľubomír Urmanič
60. Mgr. Simona Uhrinová, MBA, LL.M- attorney at law
61. JUDr. Alena Gajdošová
62. JUDr. Helena Kožíková - judge emeritus
63. JUDr. Jana Tamášiová
64. JUDr. Dušan Repák- attorney at law
65. JUDr. Martin Gajňák
66. JUDr. Ayše Pružinec Eren - Judge
67. Mgr. Dalibor Miľan – sudca
68. JUDr. Vladimír Šebo - lawyer
69. JUDr. Želmíra Šebová - judge emeritus
70. JUDr. Soňa Soboňová - lawyer
71. Mgr. Marián Michnica
72. Mgr. Dušan Oravec - attorney at law
73. JUDr. Róbert Baran
74. JUDr. Martin Žuffa, PhD.
75. JUDr. Matej Bobovský
76. JUDr. Erik Schmidt - attorney at law
77. JUDr. Eva Goconová - attorney at law
78. Mgr. Zuzana Zajíčková - attorney at law
79. JUDr. Ľubomír Bušík, PhD. - judge
80. JUDr. Stanislav Ďuríček
81. JUDr. Peter Gdovin - attorney at law
82. Viera Vadovická - lawyer
83. JUDr. Tatiana Biedniková - judge
84. JUDr. Viliam Košút
85. JUDr. Helena Loduhová - judge emeritus
86. Mgr. František Peniaško - attorney at law
87. JUDr. Ľubomír Krajny
88. JUDr. Daniela Konečná - attorney-at-law emeritus
89. JUDr. Peter Krivák - attorney at law
90. JUDr. Adriana Soldán Steinerová
91. JUDr. Iveta Bžánová - notary
92. JUDr. Peter Oreško - lawyer
93. Mgr. Martin Škuba - attorney at law
94. JUDr. Valéria Haščáková - attorney at law
95. JUDr. Ján Jamrich - judge
96. JUDr. Jozef Onďák - lawyer
97. JUDr. František Polák - attorney at law
98. JUDr. Ivan Hubka - attorney at law
99. JUDr. Milan Križalkovič - attorney at law
100. JUDr. Petra Hatalová - attorney at law
101. JUDr. Katarína Rosinová - advocate
102. JUDr. Janka Fabriciová
103. JUDr. Ingrid Šamajová
104. JUDr. Michal Irsák - notary emeritus - attorney at law
105. Mgr. Ivan Antal - Judge
106. JUDr. Milan Mitterpák - judge
107. JUDr. Michaela Wewberová - attorney at law
108. JUDr. Blaťena Rusnáková - Prosecutor Emeritus
109. JUDr. Vojtech Főldes - attorney at law
110. Mgr. Viera Főldesová - lawyer
111. JUDr. Michaela Ševčíková
112. Mgr. Roman Toman, PhD. - attorney at law
113. Mgr. Peter Ivor - attorney at law
114. JUDr. Mária Tvrdíková - judge
115. JUDr. Vladimír Zimányi - judge
116. Mult. Dr. h. c. prof. JUDr. Mojmír Mamojka, CSc. - Dean of the Faculty of Arts in Bratislava, Dean of the Faculty of Arts of the UMB B. Bystrica, Chairman of the Constitutional Law, Committee of the National Assembly of the Slovak Republic, Judge Emeritus of the Constitutional Court
117. JUDr. Peter Púchovský - attorney at law
118. Mgr. Miroslav Ľuba
119. JUDr. Miroslav Mikuš - attorney at law
120. JUDr. Michal Švec - attorney at law
121. JUDr. Miroslava Petrovičová, LL.M. - attorney at law
122. JUDr. Matej Kán - attorney at law
123. JUDr. Radoslav Hajdúch, LL.M. - attorney at law
124. JUDr. Dušan Ďurík - attorney at law
125. JUDr. Radoslav Kačur - attorney at law
126. JUDr. Daniela Bergerová - Judge
127. JUDr. Martin Janáč - advocate
128. JUDr. Gabriela Šimonová - Judge
129. Mgr. Ianko Trojak - attorney at law
130. JUDr. Mgr. Jozef Šimon, CSc.
131. JUDr. Ján Kubiš - attorney at law
132. JUDr. Stanislava Bezáková - Judge Emeritus
133. JUDr. Pavol Špaček - attorney at law
134. JUDr. Ladislav Tichý
135. JUDr. Igor Burger - judge
136. JUDr. Milam Valašik - lawyer
137. Mgr. Katarína Pjatáková
138. JUDr. Dávid Matyšák, EMBA, LL.M. - attorney at law
139. Mgr. Jana Pašková - attorney at law
140. JUDr. Katarína Ondrejáková - judge
141. JUDr. Jarmila Maximová - judge emeritus
142. JUDr. Monika Nádaská - attorney at law
143. JUDr. Andrej Liga
144. JUDr. Tomáš Nemček - attorney at law
145. JUDr. Bianka Gelačíková - judge
146. JUDr. Róbert Jano - attorney at law
147. JUDr. Viktor Križiak - attorney at law
148. JUDr. Ladislav Janči - attorney at law
149. JUDr. Milan Ščigulinsky
150. JUDr. Juraj Almasi
151. Roman Kolev
152. JUDr. Milan Rojček
153. JUDr. Ildokó Osvaldová
154. JUDr. Eva Železníková
155. JUDr. Ladislav Gál
156. JUDr. Jozef Tarabčák
157. JUDr. Alexander Filo
158. JUDr. Oľga Nižňaská - judge
159. JUDr. Lukáš Machala
160. JUDr. Ing. Michal Ševčík, PhD.
161. JUDr. Patrícia Krásna, PhD., LL.M.
162. Mgr. Jaroslav Polko
163. JUDr. Ladislav Kopál
The call of Slovak lawyers protesting against the continuous violation of the rule of law in the Slovak Republic
‚‚ Veritatem sequi et tueri iustitiam ‘‘
‚‚ Seek the truth and protect justice ‘‘
‚‚ Právu a spravodlivosti sa v nejakej krajine darí nielen vďaka tomu, že sudca sedí na stoličke
v ustavičnej pohotovosti a že polícia vysiela drábov, ale preto, lebo k tomu každý prispieva svojím dielom. Každý je povolaný a povinný rozšliapnuť hlavu hydre svojvôle a nezákonnosti, bez ohľadu na to, kde ju vystrčí. Každý, kto užíva požehnania práva, má aj zo svojej strany prispievať k tomu, aby sa moc zákona a úcta k nemu zachovávali, skrátka, každý je rodeným bojovníkom za právo v záujme celej spoločnosti ‘‘
Rudolf von Ihering
právny vedec
We, former and current members of the judiciary, lawyers, academicians and members of other legal professions hereby call for the principles of the rule of law to be consistently upheld in the Slovak Republic. We have been publicly communicating our objections to the violation of these principles through articles, expert opinions or blogs, and a group of judges has also written an Open Letter for the Preservation of Democracy and the Rule of Law in the Slovak Republic. However, the expected reaction of competent persons, at least in a form of professional public discussion, did not occur. On the contrary, the answer is silence, in some cases even intimidation or personal invectives.
We are aware that the conditions for complying with the rule of law principle are difficult during the COVID-19 pandemic. However, the European Commission for Democracy through Law (hereinafter referred as Venice Commision) emphasizes, that even in the state of emergency, the fundamental principle of the rule of law must prevail. In this context, the principle of necessity suggests that during the state of emergency only such restrictions on human rights and changes in the division of powers can occurthat are necessary to overcome the emergency situation. At the same time, the purpose of these restrictions and changes in the division of powers must essentially be to overcome the emergency and to return to normalcy. For these reasons, restrictions on human rights and changes in the division of powers that have nothing to do with the emergency situation cannot be justified. At the same time, it recommends that constitutional changes should not be adopted during the state of emergency. In Slovakia, these recommendations are completely ignored and the extent of violation of the rule of law is extremely high. Publicly presented requests from several experts for major constitutional changes to be discussed in advance with the Venice Commission have gone unnoticed. Representatives of the executive power of the Slovak Republic and the constitutional majority of the National Council of the Slovak Republic grossly violate the obligations arising from membership of the Slovak Republic, its bodies and representatives in the Council of Europe and the European Union.
In this regard, we point out the following failures:
1. The Slovak Republic is a state with a flexible constitution and the approval of three-fifths of the deputies in the single-chamber National Council of the Slovak Republic is enough to change it. We negatively perceive that the current parliamentary majority is removing the principle of checks and balances on the part of other powers in the state. In December 2020, the Parliamentbanned the Constitutional Court of the Slovak Republic from reviewing the compliance of constitutional laws with the substantive core of the Constitution without proper expert discussion and despite the express disapproval of the President of the Constitutional Court of the Slovak Republic. In this way, the government coalition has disproportionately increased its legislative power by removing the main check on the part of the judiciary that could control it. In order to preserve democracy and the rule of law, it is important that decisions of the National Council of the Slovak Republic taken by a political majority can be reviewed by the Constitutional Court of the Slovak Republic as the final independent judicial instance.
2. Simultaneously, with the weakening of the competence of the Constitutional Court of the Slovak Republic, the National Council of the Slovak Republic adopted a constitutional law that will allow it to extend a state of emergency indefinitely, if the government asks parliament every 40 days to approve an extension to be granted within 20 days. We understand the need to declare a state of emergency and its duration from the point of view of public health protection, but it is important that this institute is not abused and beyond the constitutional review.
3. The use of shortened legislative process is also extremely risky. In 2020, more than 60 laws were passed through this procedure. However, many of the adopted legislative changes were not related to the pandemic and its consequences at all. For example, there was a significant change in the Act on the Judicial Council of the Slovak Republic and the adoption of several constitutional changes. Such shortened legislative process prevents the involvement of the public in the legislative process and is contrary to the principles of open government. Not only the professional public from the third sector was excluded, but also experts working in government departments, the Judicial Council of the Slovak Republic, the Supreme Court of the Slovak Republic, the General Prosecutor's Office of the Slovak Republic, or in the academic field.
4. Violations of the rule of law also include the application of ex post facto laws contrary to the principles of legal certainty. Furthermore, these have been adopted in the shortened legislative process. For example, the Constitutional Court of the Slovak Republic suspended the provisions of the Act on the Protection, Support and Development of Public Health of October 2020 excluding the right to compensation for damage and loss of profits due to the implementation of anti-epidemic measures. The Constitutional Court of the Slovak Republic accepted the motion of the President of the Slovak Republic objecting the non-compliance of the said provision with the provisions of the Constitution and the Constitutional Act on State Security for further proceedings. Another controversial measure to exclude such compensation was the legal norm, which allowed traders to keep their shops open, but prohibited consumers from visiting them. In this case, it may be an unusual form of evasion of the law.
5. Unjustified, illogical, contradictory and disproportionate human rights violations often occur during the adoption of anti-epidemic measures. The public and the public authorities concerned are informed very late, while the ones responsible for these actions do not take into account the warnings and opinions of relevant professional chambers, including the Slovak Medical Chamber. Limited personnel, financial or material resources of the Slovak Republic are often wasted. Serious and massive human rights violations do not occur through the law, but through hybrid acts of the Public Health Office, whose competence is disputed in many areas. Although the decrees of this Office are generally binding legal regulations, due to the special status of the Public Health Office (it is neither a central nor a local state administration body) it is not possible to initiate a review of the conformity of its decrees with the constitution and constitutional laws.
6. Legislative and executive power can be expected to take steps that bring popularity to political parties. However, the judiciary should and must act in accordance with other principles. Therefore, there is concern about the change in the judiciary and law enforcement authorities function, in particular their efforts to gain popularity with the public. We are aware of the long-standing existence of problems at the courts, the prosecutor's office or the police. However, the answer must not be populistically attempted illegal action in the fight against crime. The rule of law and applicable law must be respected even when they lead to fewer prosecutions and subsequent convictions, or to fewer persons prosecuted.
7. A major problem of the current situation is the abuse of the institution of detention in order to put pressure on the accused in order to obtain his/her confession or cooperation in detecting other criminal activity. Detention should not be used as a rule and law enforcement authorities, politicians and the public should be aware that this is not a type of punishment. We consider detention to be a fundamental problem in cases where there are obvious delays in criminal proceedings by law enforcement authorities. Such continued detention is contrary to the guarantees of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Slovak Bar Association, which calls for a public discussion on this topic, has repeatedly pointed out the problems related to the application of the institute of detention in Slovakia.
8. The principle of the presumption of innocence, which should be fully respected, is a key component of the rule of law principle. However, this principle is massively violated by politicians as well as the media, without any expected consequences. By violating the principle of the presumption of innocence, the government seeks to act as a prosecutor of criminals and thus creates a very dangerous atmosphere of hatred in society.
9. Some of the events of 2020 raise concerns about the humiliating treatment in detention, and there are suspicions that the aim of such practices is to obtain the confession of the accused. We draw attention to the urgent need to synchronize the conditions of detention in the Slovak Republic with European standards. In this regard, the recommendations of the European Committee for the Prevention of Torture (CPT) have long been ignored. According to them, it is inadmissible for persons in the so-called collusive custody to spend 23 hours in their cells without the possibility of any activities and with a very low number of visits.
10. A cause for concern is also the use of the testimony of collaborative witness against judges or police officers as a key evidence in criminal proceedings. These are allowed to enjoy freedom in exchange for testimony against specific persons. We point to the overuse of this institute without a thorough examination of the testimony of such persons, allowing them to enjoy disproportionate benefits (e.g., absence of detention and indictment, even non-seizure of criminal assets). Such disproportionate benefits for collaborative witnesses, if their testimony is the only direct evidence against the accused, have been described by the European Court of Human Rights in the case Adamčo v. Slovakia as not being in accordance with the right to a fair trial.
11. The relationship between the law enforcement authorities and the media is considered a major problem. Despite the fact that information is systematically and on a long-term basis published from the case files to selected media, which then present their biased and subjective view, state authorities have not yet responded to these media excesses and have not stopped the leak of information. According to the information available to us, the competent authorities have not yet intervened in such serious breach of the rules of criminal procedure and the rights of the defence as the publication of the entire minutes of the accused from the pre-trial proceedings. These, as serious procedural errors, have the potential to jeopardize the lawfulness of such criminal proceedings and, as a result, the very decision on the guilt or innocence of the prosecuted persons.
12. We believe that the cooperation of law enforcement authorities with the media is currently of a systematic nature. It is often used to please the public which calls for strict action in the fight against corruption: there have also been cases when a journalist has, in advance, announced when the public official will be detained. Media interest is abused to discredit specific individuals. In many cases, it was not necessary to send a special commando to detain public officials and humiliate them with handcuffs with the active participation of journalists. They were heard only as witnesses and had not previously avoided co-operation with law enforcement authorities. This gives the impression of tough action of state authorities, but it does not affect how much evidence there really is. Many such detained persons were released immediately, even without charge, after being heard only as witnesses, but tabloid photography of them being handcuffed and accompanied by a special commando remains associated with them, regardless of their guilt or innocence. The rule of law must respect the right to preservation of human dignity. Basic principle of criminal procedure "The fundamental rights and freedoms of persons in cases permitted by law may be infringed only to the extent necessary to achieve the purpose of the criminal proceedings, while respecting the dignity of persons and their privacy" becomes only a phrase in the light of these procedures.
13. We are also concerned about the relationship between governing politicians and the judiciary. Any decisions of law enforcement authorities and courts should not be presented as the success of the executive (as it is often presented by specific politicians). This is reminiscent of the rhetoric of totalitarian regimes, which are building and, in the past built their popularity in our republic also by means of such processes. It is also not possible to accept political statements of members of the government on ensuring impunity for alleged offenders in exchange for providing the information. These have no basis in law.
14. It is unacceptable for the current government to deprive judges of decision-making immunity due to their decisions. This is guaranteed by the constitution. And it is unacceptable for this government to maintain the decision-making immunity for other public officials making decisions in criminal, administrative or other proceedings. This step can seriously jeopardize the independence of the judiciary, especially in combination with the newly introduced type of criminal offence of "bending the law". Ultimately, such judicial reforms will have a negative impact on parties of proceedings who, as a result of systematic pressure on judges (by introducing new offences with vaguely worded essential facts) and also intense efforts to limit the independence of the advocacy without relevant reason will only experience slowdowns in process and formalistic decision-making, which cannot be considered fair or right in the 21st century civilized world. Justice and access to it undoubtedly retreat from the citizen because of the means presented by the government and its officials. This is what all the judicial professions agree on in principle.
15. The Presidency of the Consultative Council of European Judges (CCJE) also expressed reservations about judicial reform in three areas of judicial reform - interventions in the term of office of members of the Judicial Council, transfer of judges to a lower court without consent to change the court system and functional immunity of judges. According to the opinion, the amendment to the Constitution, which provides for the explicit possibility of dismissing the President, Vice-President and a member of the Judicial Council at any time before their term of office expires, is not in line with CCJE and European standards on judicial independence in general. Measures which undermine the security of the term of office of members of the Judicial Council give rise to the suspicion that the purpose of those measures is to influence its decision making. The intended measure will inevitably lead to politicization, or at least the appearance of politicization, of the work of the Judicial Council, as its members will depend on those who elected or appointed them, not only in connection with their appointment but also in the exercise of their mandate. The length of mandate of the members of the Judicial Council should end only at the end of their term of office, retirement, resignation or death, or their removal from office in the event of such gross misconduct as to justify such conduct. The change which introduces the transfer of judges to a lower court without consent to a change in the judicial system will, in its view, be in line with European standards only if the principles of term of office security and non-transferability, which are key elements of judges' independence, are respected. In this context, precise and clear provisions at legislative level should be further introduced. The CCJE also criticizes the amendment limiting the term of office immunity of judges, which significantly reduces the existing guarantee of judicial independence. The opinion concludes that the fight against corruption should not undermine the principle of the independence of the judiciary.
16. The so-called Judicial map, ako reforma justície opäť pod vlajkou odstránenia korupcie je zbytočne drahým experimentom, ktorý len vzdiali občana od spravodlivosti, predĺži dĺžku konania, predraží náklady konaní v konečnom dôsledku aj pre štát a zníži kvalitu rozhodnutí (znižovanie vstupných požiadaviek s cieľom domnelej špecializácie totiž nie je cesta k skvalitneniu rozhodovania a k zvýšeniu kvality ľudských zdrojov v justícii). Navyše je výsledkom procesu, z ktorého boli odborné výhrady tých najpovolanejších – sudcov, úplne vylúčené.
17. We also very sensitively perceive, from the point of view of preserving the principles of the rule of law, the effort to jeopardize or even deprive the advocacy in Slovakia of its independence, especially in the area of disciplinary proceedings. Its relevant objections, as well as objections of its individual members to the incorrectness and unfoundedness of such a procedure are either overlooked or negated by allegations of dysfunction of Slovak Bar Association disciplinary proceedings, which are based on lack of knowledge of regulations, course of proceedings and disciplinary decisions. In his letter, the President of the Council of Bars and Law Societies of Europe (CCBE) drew the attention of the Prime Minister of the Slovak Republic to the seriousness of the situation, in which he expressed his support for independent advocacy in Slovakia.
18. We are concerned about government and some pro-government media attacking freedom of speech. Authors of opinions that are in opposition (not political, but only of opinion) are ridiculed, humiliated and discredited.
19. In conclusion, we state that we consider it dangerous if the elimination of the rule of law in Slovakia takes place in the name of European values. State institutions often repeat that by means of their steps they try to anchor Slovakia in the Euro-Atlantic area. It is therefore of the utmost importance that the relevant institutions of the European Union and the Council of Europe disavow themselves from the actions of the Slovak state institutions if they are not in accordance with the rule of law. We will keep these international institutions informed about the situation in Slovakia.
Call signers :
Judges:
1. JUDr. Milan Ľalík
2. JUDr. Patrik Števík
3. JUDr. Eva Bieliková
4. JUDr. Dagmar Buchalová
5. JUDr. Ayše Pružinec Eren
6. JUDr. Dana Jelínková- Dudzíková
7. Mgr. Marcela Kosová
8. JUDr. Boris Tóth
9. JUDr. Roman Benedikovič
10. JUDr. Michaela Frimmelová
11. JUDr. Ľubica Novotná
12. JUDr. Martin Smolko
13. JUDr. Peter Šamko
14. JUDr. Magda Floreková
15. JUDr. Blanka Malichová
16. JUDr. Peter Rajňák
17. JUDr. Iveta Zelenayová
18. JUDr. Nora Vladová
19. JUDr. Oľga Nižňanská
20. JUDr. Pavol Juhás
21. JUDr. Ján Golian
22. JUDr. Erika Némethová Stiffelová
23. JUDr. Roman Huszár
24. JUDr. Monika Valašíková PhD.
25. JUDr. Viera Malinowska
26. JUDr. Zuzana Mališová
27. JUDr. Andrea Kralovičová
28. JUDr. Michaela Králová
29. JUDr. Monika Školníková, KS BA
30. JUDr. Danica Veselovská
31. Mgr. Adriana Šimková
32. JUDr. Dana Káčerová
33. JUDr. Zuzana Bartalská
34. JUDr. Alena Purgat Martinusová
35. JUDr. Jana Hatalová PhD.
36. JUDr. Ľubomír Hudák
37. JUDr. Iveta Willantová
38. JUDr. Katarína Ondrejáková
39. Mgr. Anna Križáková
40. JUDr. Daniela Bergerová
41. Mgr. Zita Leimbergerová
42. JUDr. Renáta Nemčeková PhD.
43. JUDr. Vladimíra Slobodová, OS BA V
44. Mgr. Dáša Štefániková
45. Mgr. Eva Vallová
46. Mgr. Jana Weissová Bakičová
47. JUDr. Roman Fitt
48. JUDr. Maroš Maškovič
49. JUDr. Petra Priečinská
50. JUDr. Zuzana Posluchová
51. JUDr. Michaela Pacherová PhD.
52. JUDr. Dáša Filová
53. JUDr. Elena Kúšová
54. JUDr. Paulína Pacherová
55. JUDr. Dana Šiffalovičová
56. JUDr. Jana Grendárová
57. Mgr. Michal Kačani
58. JUDr. Daniela Kotrecová
59. Mgr. Miroslav Lehoczký
60. JUDr. Elena Erbenová
61. JUDr. Ľudmila Králiková
62. JUDr. Natália Slivenská
63. JUDr. Zuzana Moťovská Dobošová
64. JUDr. Ina Šingliarová
65. JUDr. Branislav Harabin
66. JUDr. Zuzana Kučerová
67. JUDr. Marek Filo
68. Mgr. Vladimír Zimányi
69. JUDr. Jana Kurnotová
70. JUDr. Iveta Halvoňová
71. JUDr. Martin Kolesár
72. JUDr. Roman Farkaš
73. JUDr. Ondrej Hvišč, PhD.
74. JUDr. Stanislav Libant
75. Mgr. Andrea Hadnagyová
76. JUDr. Peter Brňák
77. JUDr. Jana Tvrdá
78. Mgr. Ingrid Degmová Pospíšilová
79. JUDr. Igor Burger
80. JUDr. Zuzana Hlistová
81. JUDr. Mária Petrušková
82. Mgr. Zuzana Antalová, OS BB
83. Ing. Mgr. Anna Přikrylová
84. Mgr. Pavol Tomík
85. JUDr. Milota Tóthová
86. JUDr. Róbert Jankovský
87. JUDr. Marián Dunčko
88. JUDr. Oliver Kolenčík
89. JUDr. Magdaléna Bošková
90. JUDr. Ivo Hlucháň
91. JUDr. Beata Gešvantnerová
92. JUDr. Michal Mravec
93. JUDr. Katarína Kochan Mórová
94. Mgr. Dalibor Miľan
95. JUDr. Ľubomír Bundzel
96. JUDr. Eva Hudobová
97. JUDr. Terézia Mecelová
98. JUDr. Gabriela Šimonová
99. JUDr. Ida Takáčová
100. JUDr. Katarína Zaťková
101. JUDr. Jana Ocelková
102. JUDr. Helena Lodúchová
103. Mgr. Eva Strašková
104. JUDr. Pavel Lukáč
105. JUDr. Edita Kušnírová – bývalá sudkyňa OS RV
106. JUDr. Anna Repková
107. JUDr. Bianka Gelačíková
108. JUDr. Viera Šebestová
109. JUDr. Viliam Dohňanský
110. JUDr. Róbert Foltán
111. JUDr. Milan Straka
112. JUDr. Simona Štanglovičová
113. JUDr. Antónia Bednarčík
114. JUDr. Helena Kosorinová, emeritná sudkyňa KS BA
115. Mgr. Linda Anovčinová
116. JUDr. Viera Sládečková
117. JUDr. Pavol Laczo
118. JUDr. Viliam Hlaváč
119. JUDr. Harald Stiffel
120. JUDr. Mária Gazdačková
121. JUDr. Eva Fulcová
122. JUDr. Miroslava Saxová
123. JUDr. Ľubomír Bundzel st.
Attorneys:
1. JUDr. Marica Pirošíková
2. JUDr. Andrea Havelková
3. JUDr. Matúš Gémeš
4. JUDr. Mag. Ján Čarnogurský
5. JUDr. Bohumil Novák
6. JUDr. Martin Burian
7. JUDr. Elena Ľalíková
8. JUDr. Kvetoslava Živčáková
9. JUDr. Branislav Samec
10. Mgr. Ľubomír Hagara
11. Mgr. Ivana Štefanková
12. JUDr. Lenka Špiriaková PhD.
13. JUDr. Magdaléna Hromcová
14. JUDr. Erik Schmidt LL.M Exec. MA
15. JUDr. Zuzana Čížová
16. JUDr. Martin Roháľ Iľkiv PhD.
17. JUDr. Sylvia Hatvany
18. Mgr. Alexandra Čižmáriková
19. Mgr. Viktória Hellenbart
20. JUDr. Juraj Bizoň
21. JUDr. Martina Kmeťová
22. JUDr. Miroslav Zobok
23. JUDr. Pavol Gráčik
24. JUDr. Soňa Soboňová
25. JUDr. Zuzana Štrbáková
26. JUDr. Tomáš Suchý
27. JUDr. Lenka Maďarová
28. JUDr. Vladimír Vráblik
29. JUDr. Beáta Vrábliková
30. JUDr. Ing. Zuzana Šníderová
31. JUDr. František Vavráč
32. JUDr. Katarína Šoltésová
33. Mgr. Silvia Podlipná
34. JUDr. Erika Hriňová Czíziová
35. JUDr. Ján Krnáč
36. Mgr. Elena Szabóová
37. JUDr. Zuzana Hancínová
38. JUDr. Boris Bohunský
39. JUDr. Tomáš Rosina
40. JUDr. Zuzana Budská
41. JUDr. Zuzana Riehsová
42. JUDr. Pavol Malich
43. JUDr. Radoslav Hajdúch
44. JUDr. Ivan Čurilla
45. Mgr. Michal Šaling
46. JUDr. Martin Kirňak
47. JUDr. Matej Hodál
48. Mgr. Branislav Šuba
49. JUDr. Peter Jankovský
50. JUDr. Juraj Kuráň
51. Mgr. Miloš Glonek
52. JUDr. Štefan Neszméry
53. JUDr. Martin Kello
54. JUDr. Alexander Filo
55. JUDr. Martin Repáň
56. JUDr. Peter Ďurica
57. JUDr. Ľuboš Jurčo
58. Mgr. Petra Jurčová
59. JUDr. Michaela Tőrőková
60. JUDr. Anna Orthová
61. Mgr. Martin Spišiak
62. JUDr. Štefánia Bohátová
63. JUDr. Ján Benčura
64. JUDr. Jozef Veselý
65. JUDr. Ľubica Sopková
66. JUDr. Stanislav Vilém
67. JUDr. Milan Valašik
68. JUDr. Milan Valašik ml.
69. JUDr. Matej Valašik
70. JUDr. Radko Timkanič
71. JUDr. Miroslava Tencerová
72. JUDr. Michaela Plavková
73. JUDr. Ján Gereg
74. Mgr. Martina Masárová
75. JUDr. Katarína Chalková
76. JUDr. Michal Treščák, ml.
77. JUDr. Pavol Erben
78. JUDr. Ing. Veronika Puškár Škodová, PhD.
79. JUDr. Marián Prievozník, PhD.
80. JUDr. Martin Bezák, PhD.
81. JUDr. Peter Weis
82. JUDr. Miroslav Abelovský
83. Mgr. Juliana Sumková
84. JUDr. Martin Čizmárik
85. JUDr. Viera Kuruczová
86. JUDr. Branislav Pecho
87. JUDr. Martin Bezák
88. JUDr. Renáta Endrödyová
89. JUDr. Zuzana Cenigová
90. Mgr. Peter Ivor
91. JUDr. Erika Beňová
92. JUDr. Alena Virdzeková
93. JUDr. Vojtech Földes
94. Mgr. Viera Földesová
95. JUDr. Zuzana Nabělková
96. JUDr. Renáta Matejová
97. JUDr. Iveta Bračoková
98. JUDr. Lukáš Machala
99. JUDr. František Kurnota
100. Mgr. Jiří Kučera
101. Mgr. Branislav Máčaj
102. JUDr. Michal Rosina
103. Mgr. Patrícia Urbanová
104. JUDr. Stanislav Kováčik
105. Mgr. Ľudmila Krajinčáková Blahová
106. JUDr. František Pitoňák
107. JUDr. Ivan Vanko
108. Mgr. Michaela Weberová
109. JUDr. Róbert Keller
110. JUDr. Karol Kovár
111. Mgr. Pavol Kováčik
112. Mgr. Martin Spišiak
113. Mgr. Ivan Mazanec
114. JUDr. Lenka Ivanová
115. JUDr. Katarína Rosinová
116. Mgr. Vladimír Cipciar
117. Mgr. Matej Heringeš
118. JUDr. Danuša Tichá
119. Mgr. Roman Birčák
120. JUDr. Natália Trubanová
121. Mgr. Matej Krajčí, PhD.
122. JUDr. Peter Škriečka
123. JUDr. Eva Krištofiaková
124. JUDr. Igor Macúch
125. JUDr. Radovan Repa
126. Mgr. Martin Siman
127. JUDr. Erik Magal
128. JUDr. Milan Kuzma
129. JUDr. Edita Gavorová
130. JUDr. Mária Filipová
140. JUDr. Richard Hulín
141. JUDr. Július Buček
142. JUDr. Eva Kocková
143. JUDr. Ľudovít Štanglovič
144. JUDr. Ivica Firstová
145. Mgr. Roman Balco
146. JUDr. Ľuboš Novák
147. JUDr. Ján Kubiš
148. JUDr. Petra Izakovičová
149. Mgr. David Štefanka
150. Mgr. Marianna Tóbiková
151. Mgr. Igor Cibuľa
152. Mgr. Jana Pašková
153. JUDr. Mária Dideková
154. JUDr. Peter Púchovský
155. JUDr. Martin Gubka
156. JUDr. Zoltán Koreň
157. JUDr. Radoslav Kačur
158. JUDr. Eva Skačániová
159. JUDr. Juraj Kula
160. JUDr. Igor Chovan
161. JUDr. Peter Kubík
162. JUDr. Erika Simanová
163. Mgr. Lukáš Kysucký
164. JUDr. Milan Hrbek
165. JUDr. Martina Sečanská
166. Mgr. Ľuboš Kráľ
167. JUDr. Danica Bírošová
168. JUDr. Ingrid Zlochová
169. JUDr. Monika Čambáliková
170. JUDr. Zuzanan Vicianová
171. JUDr. Ľubomír Lipovský
172. JUDr. Danica Rusnák Borisová
173. JUDr. Martin Masný
174. JUDr. Pavel Mičunek
175. JUDr. Eva Mészárosová
176. JUDr. Katarína Almášiová
177. JUDr. Gabriel Almáši
178. JUDr. Ondrej Krempaský
179. JUDr. Andrej Greguš, LL.M
180. Doc. JUDr. Zuzana Mlkvá Illýová, PhD.
181 JUDr. Denis Koprda
182 JUDr. Peter Tóth
183 JUDr. Anna Kecerová Veselá
184 JUDr. Albína Vágóová
185 JUDr. Petra Leško
186 JUDr. Martina Gombosová
187. JUDr. Andrej Vilhan
188. JUDr. Roland Kovács
189. JUDr. Igor Raáb
190. JUDr. Katarína Marková
191. JUDr. Marta Rybárová
192. JUDr. Ján Farkaš
193. JUDr. Zuzana Ondrejovičová
194. JUDr. Andrea Vladárová
195. JUDr. Ľubomír Cisarík
196. JUDr. Milan Rojček
197. JUDr. Veronika Slašťanová, PhD.
198 JUDr. Juraj Špirko
199 JUDr. Rastislav Posluch
200 JUDr. Zuzana Betáková Krkošková
201 JUDr. Svetlana Machová
202 JUDr. Ing. Marcela Martinkovičová
203 JUDr. Eva Krchňáková
204 JUDr. Alexandra Korbeľová
205. Mgr. Janette Adamcová
206. Mgr. Lukáš Trojan
207. JUDr. Martin Maisner, PhD, MCIArb.
208. JUDr. Matúš Košara
209. JUDr. Alena Sedláčková
210. JUDr. Peter Toman, LL.M
211. Doc. JUDr. Ľubomír Fogaš, CSc.
212. JUDr. Maroš Jakubek, PhD.
213. Mgr. Ing. Zuzana Boľošová
214. JUDr. Ladislav Války, LL.M
215. JUDr. Róbert Ešek
216. JUDr. Jozef Merica
217. Mgr. Milan Kantuľák
218. JUDr. Ján Jenča
219. Mgr. Jaroslav Martiňuk
220. JUDr. Miroslav Kriška
221. JUDr. Ing. Dušan Tomka
222. JUDr. Vladimír Lamačka ml.
223. Mgr. Mgr. Martin Danišovič
224. JUDr. Lucia Danišovičová
225. Mgr. Klaudia Szekeres
226. JUDr. Janka Hazlingerová
227. JUDr. Richard Bauer
228. Mgr. Lucia Gašpieriková
229. PhDr. JUDr. Jaroslava Balážiová
230. JUDr. Jana Uhrinová
231. JUDr. Katarína Kováčková, MBA
232. JUDr. Ján Kuriačka
233. Mgr. Martin Škubla
Academic community:
1. Doc. JUDr. Branislav Fábry
2. vymazaný na vlastnú žiadosť
3. gen. Dr.h.c. prof. JUDr. Jaroslav Ivor, DrSc. vysokoškolský pedagóg
Prosecutors:
1. JUDr. Stanislav Lešo, OP BA I
2. Mgr. Silvia Kollárová
3. JUDr. Miriam Jakabovičová
4. JUDr. Beata Vítková, KP BA
Other law professions :
1. Mgr. Judita Laššáková
2. JUDr. Albína Božek
3. Mgr. Filip Ľupták
4. JUDr. Alexander Števík ml.
5. JUDr. Emília Kršíková
6. JUDr. Mária Pecníková
7. Mgr. Michaela Janečková, vyšší súdny úradník
8. JUDr. Maroš Piľa, MPA
9. Mgr. Karin Vrtíková
10. Mgr. Miroslav Ľuba
11. Mgr. Jozef Ďurica
12. JUDr. Henrieta Schuchmannová
13. JUDr. Veronika Gróf Mikovíniová
14. JUDr. Viera Marczellová
15. JUDr. Tereza Vacvalová
16. JUDr. Katarína Jusková
17. Mgr. Pavel Kováčik
18. JUDr. Mária Zervan
19. Mgr. Matej Mihály, LL.M
20. Mgr. Bc. Jakub Zacharovský
21. JUDr. Miroslava Erbenová
22. JUDr. Jakub Podmanický
23. JUDr. Danica Molnárová
24. JUDr. Marián Mikl
25. JUDr. Peter Kriško, PhD.
26. JUDr. Stanislav Furda
27. JUDr. Ján Lasák, LL.M
28. JUDr. Peter Križko, PhD.
29. Mgr. Beata Pastorková
30. Mgr. Katarína Králiková
31. JUDr. Andrej Lipa
32. JUDr. Natália Fándlyová
33. JUDr. Natália Richtáriková
34. JUDr. Karol Kovács
35. JUDr. Alena Kovácsová
36. JUDr. Zuzana Otáhalová
37. Mgr. Viera Hradiská
38. JUDr. Ladislav Kopál
39. JUDr. Lívia Mistríková
40. Mgr. Hana Lehotayová
41. JUDr. PhDr. Štefan Palatický, MBA
42. JUDr. Viera Muríňová
43. Mgr. Simona Dvořáková
44. Mgr. Daniela Lengyelová, PhD.
45 Mgr. Igor Varga
46 JUDr. Ing. Natália Horváthová
47 Mgr. Martina Almášiová
48 Mgr. Martin Figura
49. JUDr. Andrea Ondreášová
50. Mgr. Bibiana Mozoľová
51. JUDr. Marcela Morsztýnová
52. JUDr. PhDr. Milan Španír LL.M
53 JUDr. Radim Kochan PhD.
54 JUDr. Jarmila Harvánková
55. Mgr. Jozef Halgoš
56. JUDr. Edita Bandáková
57. Mgr. Dávid Lučivjanský, PhD.
58. Doc. JUDr. Ján Štefanica, PhD.
59. JUDr. Vladimíra Jurčovičová
60. Mgr. Ivana Sedláčková
61. JUDr. Viera Sokirková
62. Mgr. Štefan Kin
63. JUDr. František Palovský
64. Mgr. Vladimír Suchánek
65. Mgr. Matej Benčura
66. JUDr. Gabriel Volšík
67. Mgr. Petra Balážová
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