CEU eTD Collection SLOVAKIA: FROM SILENCE TOTHENATION’S SLOVAKIA: FROMSILENCE In partial fulfillment of the requirements for the degree of Master of Arts TRANSITIONAL JUSTICE DYNAMICS IN TRANSITIONAL JUSTICEDYNAMICS Supervisor: Professor Nenad Dimitrijevic Nenad Professor Supervisor: MEMORY INSTITUTE MEMORY Department of Political Science Political of Department Central European University European Central Budapest, Hungary Martin Kovanic Martin Submitted to Submitted (2012) By CEU eTD Collection when it comes to dealing with the past in Slovakia. establishmentof institutethe in 2002, which can beconsidered a “breaking of silence”the for it the Favourableconstraint, configuration most.the allowed which affects elite elite isSlovakia, the argue that configuration theexistence I independent of Throughout the mechanisms. justice transitional various of application the for allows constraints the of interplay the in which phases, distinct three into divided be can in Slovakia process Transition the type of the regime change,of dealing the nature with theof thepast. in the process its and role CommunistInstitute Memory Nation’s itthe focuses on Furthermore, Slovakia. The dynamics regime are and explained elite Theconfiguration. throughpurpose the ofexistence this thesis of Abstractconstraints is to identify – and explain the dynamics of transitional justice in i CEU eTD Collection hismy guidance throughout andwork his valuable inputand comments. Hereby I would like to thank Professor Nenad Dimitrijevic for his supervision myof research, Acknowledgements ii CEU eTD Collection eeec it...... 57 Reference List ...... 54 Conclusion Nation’s Institute of 4 Memory...... 37 Transitional justice dynamics 3 in Slovakia...... 24 Hard constraints on transitional 2 justice in ...... 13 Slovakia Transitional 1 justice...... 5 Introduction...... 1 List of Abbreviations...... iv Contents of Table . Independence of the 4.3 NMI...... 52 Functions of the 4.2 Institute...... 45 Analysis of the justifications and 4.1 criticism for Institute’s establishment...... 38 Beyond the three 3.4 phases...... 35 Slovakia after Me 3.3 Slovakia under Me 3.2 3.1 Slovakia within Czechoslovak federation (1989-1993)...... 24 2.3 ...... 19 Elite configuration 2.2 Type of the ...... 17 regime change 2.1 Nature of ...... 13 the communistregime Post-communist transitional justice1.3 specifics...... 10 1.2 Constraints...... 8 1.1 ...... 6 Mechanisms .. Criminal 4.2.3 ...... 51 justice Acknowledgement of the 4.2.2 victims...... 51 Truth 4.2.1 revelation...... 45 Presidential 4.1.5 veto...... 44 Selectivity and 4.1.4 manipulation...... 43 Truth 4.1.3 revelation...... 41 Delegitimization of the 4.1.2 past The regimes...... 40 need to address 4.1.1 the ...... 39 past Truth 3.3.3 revelation...... 34 Criminal 3.3.2 ...... 34 justice Reparatory 3.3.1 justice...... 33 Reparatory 3.2.2 justice...... 32 3.2.1 Lustration...... 31 Truth 3.1.5 revelation...... 29 Criminal 3.1.4 ...... 29 justice 3.1.3 Lustration...... 28 Symbolic 3.1.2 measures...... 27 Reparatory 3.1.1 justice...... 25 2.1.1 Communist regime in Slovakia...... 14 Institutes of 1.3.1 ...... 11 Memory þ þ iar (1998-2002)...... 33 iar (1993-98)...... 30 iii CEU eTD Collection VPN –Verejnos SOP –Strana ob SMK – Strana ma SDKÚ –Slovenská demokratická akres Coalition) Democratic (Slovak koalícia demokratická Slovenská - SDK SDL – Strana demokratickej OF – Ob NMI –Nation’s (Ústav Memory Institute Pamäti Národa) KDH –Kres HZDS – Hnutie za demokratické Slovensko (Movement for Democratic Slovakia) ofAbbreviations List þ ianske Fórum (Civic Forum) Ģ anskodemokratické hnutieanskodemokratické Democratic (Christian Movement) Ģ þ proti proti násiliu (PublicViolence) against ianskeho porozumenia (Party Civicof Understanding) ć arskej koalície (Party of Hungarian Coalition) Đ avice (Party of the Democratic Left) Ģ anská únia anská (Slovak Democratic andChristian Union) iv CEU eTD Collection developments in Slovakia. The main research question is: What were the dynamics of dynamics the were What is: question research main The in Slovakia. developments Huntington. by expectation years, againstthe argued silence the broken 13 goes that after which was meant development This parliament. in the waspassed files police secret the to access and inlaw focus Memory However, 2002a establishing to the future. theInstitute Nation’s on and address past criminal the not to decision silence” –the “politics of the Slovakia adopted lustration. and break-up of federation, the number After the prosecutions of asevere criminal a through a includingpast the measures, addressed of series elites Czechoslovak limited identities) (Offe 1997).All these of problems be had to addressed simultaneously. national (redefinition of nationhood level of the at transformation economy) and market the game, building up the new constitutional framework), economic transition (the introduction of change political the encompassed transition regime previous cases distinguishfrom that them the characteristics share someand common they democratization of transition. forgive simply Clausincreases with the passage of time. Offe areableforget and tendency 228) The regaininfluence.groups (Huntington 1991, to to labeled discredited the passes astime because be quick, to has them past the deal with to decision the that as “triple argues Huntington past. criminal addressingforgetting the forgiving and or challenge –either transitions.”being established in Thisa country triplewith a criminal past. ThereIntroduction are two basic approaches to this The purpose of The of purpose thesisthis provide is to some insightsinto the transitional justice of Czechoslovakia. apart rule as from communist transition the experienced Slovakia The post-communist transitions to democracy is which regime, are political new every by faced a challenge is crimes past with Dealing all part of the third wave of 1 (introduction of democratic rules of the CEU eTD Collection it should be divided into three stages, which “affect one another, but nevertheless have nevertheless but another, one “affect which stages, three into divided be should it oldthe republic andfor Slovakia, which had only a little experience of self-government. of capacities institutional and administrative the of most maintained which Republic, Czech instate-building, started a which challengefor already 1992, was the completely different The transition. the shortly after state independent its build to had Slovakia by Offe, identified for problems the Except (Szomolanyi 2004, 11-12) which experiencedaquadruple transition. topic. researched under- an still is Slovakia sense, this In analysis. in wider interested am I while lustration, file and access mainly secret focuses on her work Moreover, democracy. of consolidation take into account all deals with 2009),but case Slovak the in(2004, separately my notsufficiently opinion does of the specifics of thedissolution. Welsh (e.g. 1996, David 2006)Themain isexception thework of Nedelsky who Slovakian experience federation the after on Czech Republic focus with analysis, aunit of as Czechoslovakia with democratization and Slovakia canbe by explained on justice.constraints interplay the hardof transitional argue thatthedynamicsam in to going mechanisms. I justice choicethe transitional of and shapes constraints imposes which it context, is the that argue theorists justice transitional for a new theory, but all of the details of the Slovak case have to be taken into justice in of account.transitional Slovakia. The wereis andcontext its placeintheoverall what of this institute establishment for motivations answerthe and functions. what mentioneditsaboveto Iwill try Memory Nation’s Institute the on be will focus main The explained? be they can how and in Slovakia justice transitional Erika Harris goes even further and suggests that Slovak transition was so complex that inregion, the country theeastEuropean Szomolanyi thatSlovakiaonly was argues The transitional justice literature on the post-communist societies usually deals with notcall explaining justice dynamics arethattransitional My does Slovak expectations 2 CEU eTD Collection The following table presents the mechanisms which were applied in Slovakia. applied were which mechanisms the presents table following The following of framework adaptation mechanismsof and goals they are supposedtoachieve. justifications and criticism, which led to its establishment and overview of its functions. the Institute, Memory Nation’s the on focused be will chapter fourth The policies. justice the case of Slovakia. The third whichchapter limit their choice. The second chapter will be the examinationwill of the hard constraints in constraints, be and the mechanisms of selection overview the desirability, its on focus the with oftheory, justice the dynamics of transitional type nature of of the transition. and criminal regime are the factors major constraining other The choice. their influence which factors, only the not are they although mechanisms, acceptance andthenfirst of justice most to conducive transitional third are phases because inof Iexpectthat elite the justicethe dynamics configuration, Slovakia. transitional ascension. NATO EU and in resulted later which byEuropeanization, democratic This ischaracterized forces. period after critical andthe period elections victory the the of of pro-European 1998-2002, 1998 independent state-building and especially periodThe final with the of 1994-1998. was phase Me period was of notorious The secondstage the federation. still existing the within in stage wasacommon Czechoslovakia first experience distinctcharacteristics within mainpost-communistthe transition.” (Harris2010,186)The In the third chapter, I will analyze the dynamics of transitional justice based on the transitional summarize Iwill In thefirstchapter structure. a following has This thesis In my thesis, within Iwill work analytical this framework when assessing the Mechanisms truth revelation truth punishment of criminal perpetrators justice lustration correction of the wrongdoing, reparation of the harm reparatory justice perpetrators andmechanismsperpetrators of crimes of identification victims, of acknowledgement Goals from the political life political the from legitimacy for the new regime, exclusion of old elites 3 þ iarism, which is associated with with the iarism, is associated which CEU eTD Collection articles. and literature newspaper secondary by becomplemented the This will parliament. analysis annualthe of (2003-2010),which institute the reports presented are official in documents the mentioned documents. of above analysis the mainits for reasons creation,expressed by by be This will elites. the achieved thematic the were theinto by politicians the institution what and whatthe in hopeswereput finding out interested Iam veto. also the reasoning of President’s and debates for law,parliamentary the withwork – theprimary founding documents explanatory lawof institute, the memorandum leading to the main focus of my research – the analysis of Nation’s Memory Institute. dynamics the explain will This literature. secondary and laws) (mostly documents primary the of institute. until change creation regime the the justice since in am interested influencedexamining the way these constraints the pursuittransitional of I Moreover, configuration. elite and transition regime of type regime, criminal the of nature –the operated they underwhich constraints the account into take my analysis will Therefore The functions and activity willof institute the identified be mostly in the analysis of To examine the justification of the institute’s creation, as well as the criticism, on based be will Analysis transition. of phases three the of I in all willbe analyzed will This Someapplied and of existedonly however, werenot formally them, inpractice. 4 CEU eTD Collection society. Moreover, acknowledge members newpost-transitional of victimsthe as valuable the to and them the tothis isto thewholeof new the duty the grantreparations society.is to Connected regime to members ofincludinginjustices, the details which were keptsecret.This information beshould provided armedpast the about truth the know to entitlement the is and Méndez, to according rights, victim’s security the of fundamental most The victims. its towards responsibilities holds forces, also regime new The who rulecarried of law and on respect for the dignity and worth of each human person.” (Méndez 1997, 1) out highlights thethe fundamental character of pastthe new order to be established, an order based future.the “Theon pursuitof retrospective is justice the an urgentof task democratization, asit order and that granting impunity to the perpetrators can lead to the recurrence of the abuses in 1995,6) (Zalaquett for goals. designated securing resources economic the and institutions core the of reconstruction society, the of depolarization to the contribute connection with abovementionedthe universal objectivesshould but alsobe able to in be only not should policy justice transitional a aims of in terms that emphasizes further He 5) 1995, (Zalaquett caused.” repair damage they the to such abuses and of prevent recurrence to overarchingobjectives: have “should two policy justice Zalaquett, anytransitional to avoidancethe of some sortof transitional justice mechanisms. (Forsberg 2003,65)According from of normative“thethe point makeview, todemocratic values culture” linked impossible repressive regime removal is an important challenge for any new regime. Forsberg claims that regimes.”wrongdoings (Teitel justice of 69)Pursuing the 2004, after repressive predecessor confront by with legal of the associated to periods responses political change, characterized Transitional justice 1 Méndez argues that pursuing transitional justice is Méndez forjustice new transitional necessary argues that the pursuing political Transitional can justice be as inits broadest sensea “conception understood justice of 5 CEU eTD Collection memory, which I will discuss later in more detail. in more later discuss Iwill which memory, institutions – the truth commission,in or the case of post-communist societies the institutes of is by form (Teitel specialized in produced 2000, 72)Official often truth. a criminal of truth 7) Connected previousto the mechanismsis ability the trials toestablishaccounts of historical 1995,authoritative version and abovepartisan events,over considerations.”the of (Zalaquett the findingsimportant “that the truth is established in an officially sanctionedto way,in a manner that allows is it formbe authoritative, to truth the for order In known. not is victims of number the even part of the often and in thesociety recognized widely meansnot in were they secret out often carried historical record violated. is of limitation of the nation statute and therefore ago several years perpetrated old wereoften regime the under crimes the and that is addition, In often trial retroactive. which the thebased,are law, newlaws,upon of because establishes (Teitel successor.” Criminal other hand, 2000, 29) trials, aproblem on the rule with the raise anits legitimating and regime, predecessor the delegitimating by transition the of goals political the advancing regimes, between line a in drawing useful be politically to said are trials Apartfrom that, it serves morea symbolic rolefor the new democratizing society. “Successor justice.criminal attributes It responsibility for individual wrongdoings the to perpetrator. is one first The elites. new the by applied be can which mechanisms, justice transitional are several isjustice? There kind of what be answered, to needs which question, justice. The 1.1 Mechanisms (Méndez 1997,12) bodies. intelligence and enforcement post-transition the from be excluded should crimes, Another mechanism is truth-revelation. The fact that the crimes of the regime were theregime of crimes the fact that The istruth-revelation. mechanism Another transitional of desirability normative for arguments mentioned above the I with side 6 CEU eTD Collection constraints on their selection, which I am going to discuss now. discuss to going am I which selection, their on constraints differ from country guilt. collective to country,(Williams et al. 2005, 27-28) The most common criticism lustrationof was that it presupposes even withinAndin finally, the truth-telling, with accordance the know about theto hasarightpast. public the certain groups. to fileswererevealed incase for blackmail their old open the were regime same region.positions. It Theis blackmail a peopletherefore with associated had pastregime the be to from excluded some public result argument supposesof fragile wereand new democracies that assumes argument Prophylactic of types arguments. various that that new elites,(David 2004,798)The justificationslustration for were manifold.Williams presentstwo who were associatedpolice, or held any other listed positionswith in the repressive apparatus of the totalitarian regime.” with secret the collaborators or of membersbeen had they determine whether to officials David,lustration as According to “thecan be characterized of public examination certain laws. lustration of form the in mechanism common isa quite it context, post-communist the just asymbolic act. reparations (restitutions, compensationfor the suffering) or moral acknowledgement, which is material be Reparations victims forms –either invarious to provided perpetrators. can provide a for sense victims,inof the satisfaction but endthe is it astruggle against the can justice Greiff 2) Criminal (de 2006, suffered.” toremedy theyhave harms the of state the manifestation of arethemosttangible some efforts the “For wrongdoings. victims reparations In practice, transitional justice constitutes a mixture of given approaches andthey of approaches amixture given constitutes justice transitional In practice, The last one is the screening or vetting of the candidates for certain public positions. In The third is type a reparatory justice, which is amechanism aimed atvictims of the 7 CEU eTD Collection with the type of regime transition 1 more clandestine crimes – such as disappearances in Latin America, or secret police secret activities or America, in Latin disappearances –such as crimes more clandestine as Nazi persecution ofcrimes call for different waysthe oftheiraddressing. If the crimes were open to the publicJews –such – then otheritself.” etal.repression typesThe reason foristhat differentof this (de Brito, 2001,19) mechanisms are preferredis the nature of the criminal regime and the type of crimes it committed. Itthan is the “nature of the in the case of within newregimethe andtherefore punishment isaviable option. (Huntington 1991) therefore collapsesreplacement (regime initiated change by opposition,the when is governmentthe tooweakand or is overthrown). islikely in more caseof justicethe mechanisms moreAdoption of severe transitional If this occurs, very the ability maintainunlikely due to to influence elites the impunity.of and secure the old elites have andpunish” is between “prosecute of oldthe negotiations approach andopposition), elites virtually outcome is the change (regime transplacement or no elite) old the by powerinitiated is change (regime transformation of case In of transition. by thetype andis forgive” “forgetdetermined or problem.” “torturer was already identified by inHuntington his influential – book The ThirdWay – as a socalled reconstruction.)(Elster2004, 188) economic or as democracy (such goals justice other and between trade-offs create which constraints, soft and unfeasible absolutely mechanisms some render which constraints, hard the – categories main two into constraints the divides Elster Jon constraints. justice labeled as thetransitional These canbe overall and challenges. face various they context 1.2 Constraints Huntington’s torturer problem is used as a point because it precisely links the possibilities of transitional justice Another constraint, which can be classified as a hard constraint in Elster’s terminology in Elster’s constraint hard a as classified be can which constraint, Another The most prominent of the hard constraints is the nature of the regime transition. This a specific within function usually elites new the regime, old the of removal the After 1 (Huntington 1991, 231) The decision whether to “prosecute andpunish”1991, 231)Thedecision whether to (Huntington 8 CEU eTD Collection role in determination itsrole inof outcomes. determination discuss some of the specifics of transitional justice in the region, which also play an important Iam that, going to Before justice choice. of transitional possibilities for the they are essential constraints can also lead can andconstraints adoption the of also to forgive” “forgetthe approach. institutional changes or transformation of the economy) and transitional justice. Therefore soft as (such the transition of goals other between the atrade-off creates the resources of scarcity of 208-213) The complexity legalsystem.the 2004, (Elster transition the of along with the limited or capacity itsthe economy resources availability needof of and the transformation, unlikely. success intheforthcoming elections, then thorough pursuitof justice remains transitional enjoy electoral or retain power, to able are elites old the If new system. the within new elites mechanism is unlikely. of a severe choice the its population, among legitimacy high relatively regime enjoyed the case. An integral part of this problem is the legitimacy of the past regime. In such cases where in for The environment. latter thetruth-revelation desiredin calls communist aremore the The constraints include soft –such structural the of as the nature constraints the Connected to both these constraints is the issue of balance of power between old and In the next chapter, I am going to analyze the hard constraints in more detail, because detail, more in constraints hard the analyze to going I am chapter, next the In legacies only indirectly.” (Dimitrijevic 2011, 54) condition from the ofperspective the preferred hencefuture, addressing criminal expressly designed withto deal particularproblems of thepost-regime change democracy. Itfocuses on practical legal, political and economic actions thatare refusing to address recentwrongs asaseparate problem of the transition to Politics of forgetting is the strategy aimed atovercoming the past bymeansof 9 CEU eTD Collection multiple. “[T]ransitional conception of reparatory justice … is justified on the bases of both basesof on the justice …isjustified reparatory of conception “[T]ransitional multiple. was its purpose faced Teitel argues that restitutions. property achallenge of regimes therefore property led widespread- to confiscation and nationalization of property. The post-communist - the idea of common ownershiplater. detail more in institution of type this discuss to going Iam myresearch of of focus isaprimary memory of institute the theSince memory. means of of institutes of ascreation aswell informers, and agents of identification access, file police production secret about the (lustration debates policies); order newly democratic emerging from the and oppositionindividuals these of exclusion in the manifested was past its with terms to in coming regimes to private new the of interest the 6) Therefore leaders”.2009, (Stan party communist the and protecting indissent discouraging anti-governmental check, opposition, censoring journalists andartists, “keeping for responsible who were of network collaborators, andawidespread employees full-time which of both apparatus, policeconsisted repression with organized secret extensive formsrefined of surveillancepolitical […](Welsh wasa 1996, 420)This of resultwell- Butitled intimidation alsoand morecharacterized bycalculated submissiveness. public to “theviolence replaced thewith structural physical Post-Stalinistregimes period. fact that most of the crimes (especially the most serious ones) were perpetrated in the Stalinist limitedwas in the justice due very theservices.” region Criminal to (Stan pursuit 2009, 6) Communist Parties and theirfearedinstruments of repression, secretintelligence the the around […]de-communization revolved “in Europe that Eastern asserts LaviniaStan regimes. communist by the conducted crimes of nature distinct the to due America), Latin mechanisms, which contrasted with the classical cases (such as post-war transitional justice or Post-communist transitional justice1.3 specifics The subscription of communist regimes to one of the pillars of the Marxist worldview byadaptation of transitional was justice specific Post-communist characterized 10 CEU eTD Collection files can be considered as detailed accounts of perpetrators’ include and activities ofperpetrators’ they befiles accounts consideredasdetailed can from secret the groups, information the victim both and perpetrator with a close cooperation (Teitel Although institute with created outcomes 2000, 83)the memory of the of such are not society”broader meticulous anditis established documentation through past crimes. of processes victims representation “through elaborate which is and by of produced perpetrators, happened”, really “what about istruth a it – commissions truth of outcomes the for term the these institutions is the truth revelation and its aim is to produce “official truth.” Teitel used functionIn primary 27-28) thisthe system.”underpin sense, thenew (Mark2010, of political from a dictatorial theyinvolvedpast; particular constructing historical narratives would that reveal value-free episodes attempts concealed to werenot processes public.the these Yet from hidden previously experiencewhich was the about dictatorship, reclaimingof truth the institutes of memory. in Information these files was beto used in “a dignified process of functions of the important of becameone most files the authorities’ secret of administration files. amount enormous services of produced The secret of preservation regime. Therefore the the help and movements dissent the neutralize to in order citizens, its on information of sorts all of gathering the on heavily relied regimes communist earlier, mentioned already 1.3.1 societies. communist restitutions became an issue of discussion shortly after the regime change in all post- property private components required ownership. Therefore of post-communist transitions, marketview. towards economy, Transition identified ofthe as which I already one (Teitel 2000, 131)Restitutions werenot onlyfrom desired therefore normativepointthe of goals.” economic transitional state’s the advancing simultaneously and rightingpast wrongs Institutes of memory are institutions characteristic to post-communist societies. As I societies. post-communist to characteristic institutions are of memory Institutes ofMemory Institutes 11 CEU eTD Collection and liberal democracy asits celebrated political andmoral inversion.” (Mark2010, 31) of newliberal interpretations past…,[in the which] the Communistregime wascriminalized sponsoredof propagation state was“the termspast with the comingmechanism of to primary former the regimes andtherefore topurge representatives of attempts mostly unsuccessful led in developments societies that the to post-communist Markargues delegitimization. mandate the to produce them gives official establisheda strong truth. organizations information about the victims as well. Moreover the fact, that these institutes are state The truth revelation of institutes of memory serve important goal of the past-regime 12 CEU eTD Collection associated with wide-spread purges communistwithin party itself.the Until 1989 the period of Praguespring,the whichwashowever by succeeded “normalization”regime a harsh The onlyexceptiontowards politicalthe short-lived 1996,13-14) was the opposition. (Janos harsh approach a rather regime employed and the cast amilitaristic retained culture political a high degree unreformed Elster system. etal.of (E.g. 5 orJudt1992, 1998, 108)Communist maintained elites solidarity with thepopulation. the among Sovietlegitimacy its and regime the political of nature by the shaped a large extent to however, is, opposition regime the of The emergence elites ant theirposition within the new regime that plays a role in the selection of transitional justice policies. politicalcase. (Nedelsky 2004) Ibelieve it that is thestrength of opposition the andits subsequent formula; theinfluenced the pursuitformer regimein –manifested its level legitimacyof and opposition to the regime –which of transitional justiceitsit fall. isof mechanismsafter Nedelsky justice argues that thenature transitional of the in Slovakia and its divergence from the2.1 Nature of the communist regime Czech causes of 1989 transition, nor the dissolution of the federation in 1993. goingnot discuss to much thenin too detail. this analysis Moreover, includewill neither the Iam mechanisms, justice transitional of choice the affected variables these how in interested Iam only Since in the Slovakia. transition of stages three in the of all elite configuration (3) and transition regime the type (2) the of federation, of the Slovakpart focusthe on particular with a in regime Czechoslovakia, nature communist of the the –(1) justice transitional Hard constraints on transitional justice in Slovakia 2 The Czechoslovak post-Stalinist communist regime is characterized as rigid and rigid as ischaracterized regime communist post-Stalinist The Czechoslovak thechoice influences which variable, first isthe regime communist of the The nature Iam In thischapter, discuss whatIestablished hard to going on as constraints 13 CEU eTD Collection 1999) A by patrimonial communism ischaracterized in ofindustrialized construction society al.et (Kitschelt communism.” “patrimonial and “national-accommodative” between mixture 2.1.1 Communist regime in Slovakia parts federation. in thetwo of separately the be treated Slovakia. However, the levels of regime legitimacy as well as the extent of opposition should and inboth CzechRepublic justice approach strict a transitional elites employ rather would post-communistnormalization rigidlegitimacysuggest elites (1969-1989), duringthe old - by collapse. in“frozen and it tomakeunwilling place” therefore any can be presumeditchanges, will end The regime is (Linz 1996,42-50) and nature. Stepan than morecharismatic technocratic is potential already islower. from still Leadership recruited and party the iscadres it ofa mobilization the society, butthe dominate organizations suppress it.sponsored Theregime to still in mechanisms, however controls the which are able state party pluralism society; the the andeconomic isalimited social ideology. by There ruling presented utopianthe visions in faith of aloss and is de-ideologization such a regime of Characteristic weakened. severely is it to commitment although country, in the exists still ideology ruling The dimensions. several on differs it – regimes authoritarian and totalitarian both from different regime a is regime Post-totalitarian 1996,42) evolve.” andStepan (Linz not do long and for period a stay in place party-state the of mechanisms control all other the almost regime, the of critics society civil some of tolerance persistent the “despite that means which totalitarianism”, post andremained centralized planned. economy – the reform economic neither liberalization, political no was there revolution, Kitschelt classifies the communist system in the Slovak part of federation Slovakin partof as a the system the communist Kitscheltclassifies the of lack and persecution –ratheropposition highlevelof These characteristics as“frozen- between 1977-89 Linz andStepan define regime the Czechoslovakia of 14 CEU eTD Collection included laterthe normalizationHusák leader 3 Industrial production inCR was almost 40%,while in Slovakia it was only (Prucha20%. 1995,74) 2 new political regime comparedafter withthe theregime communist change. regime The in followingSlovakia. It tablecan federalizedbe and in this senseseen the legitimacyincludes of the regime was strengthened.that information ambition was fulfilledpartly in 1968, when political system of Czechoslovakia was on the evaluationregime communist the of beginning the since society the within existent extent of the was possible, self-government Slovak that which proved state, Slovak wartime the of theexistence to 42) Due 2009, democratization.” (Nedelsky more focused on enhancing Slovak sovereignty national … [than]liberalization and society. (Musil the 1995, 92) of majority the for opportunities social as well as economic, in improvement brought society the of Modernization federation. the of parts both in same the less or more lands. Czech and Slovakia between wasalargethere difference installed, was regime communist the when 1948, In industrialization. socialist a experienced Slovakia society. the of is themodernization reason first The weak. rather was opposition levels of repression,more relaxed party control and patronage. (Kitschelt etal. 1999, 23-25) party aimedcountries with a weakpre-regimecooptation andlow and communist therefore at in variant occurred National-accommodative corruption. aswidespread repression, aswell and byhighcooptation itcan be characterized ofmodernity. Moreover visions alternative a largely andenvironment rural for this isalackof there reason economic with opposition Even in the Stalinist times, this can be illustrated at the trials with so-called “bourgeois nationalists” – which InCzech lands 33.1% of the population was occupied in agricultural sector. In Slovakia it was more than 60%. The levels of legitimacy of the old regime can be illustrated on the surveys conducted surveys the on be illustrated can regime old the of legitimacy of levels The much were leaders “Slovak spring, Prague the thatduring argues Secondly, Nedelsky the therefore and inSlovakia legitimacy of levels higher enjoyed regime The 15 the “Slovak question” was to some to was question” “Slovak the 2 In1989,the situation was 3 . This . CEU eTD Collection masses, produced and copied samizdat literature, etc. literature, samizdat copied and produced masses, and seminars secret organized who laymen, and structures, church state official the within work to refused 4 differences when compared to the post-November regime. post-November the to compared when differences moreold of ordidbetter, seeany not than regimepopulation the considered major50 percent occurred in the dissidents of suppression of government 95percent 1970s,roughly late “inMoreover, the Czech lands, together wasoriginallyand signed by239individuals, out of which only 8 wereSlovak. over brought were movement half dissident of strands various the which around ofCzechoslovakia in the remaining opposition activities important themost 77,one of Charter Republic. Czech the parallel with four to five percent illustrate manifestation abundanceof the itisdo1988. To a of interestingopposition, to of anti-from religious demands apart which event, opposition significant The most character. also had political rarely which only voiced abidance of humannumbers.was mainly aroundthe It located churchunderground movement rights and liberties, was the Candle The underground church, or secret church was a illegal movement of both bishops, who were not allowed to or to allowed not were who bishops, both of movement illegal a was church secret or church, underground The The political opposition to the communist regime in Slovakia was very limited in limited very was in Slovakia regime communist the to opposition political The 10 20 30 40 50 60 0 22 1991 May 32 19 1991 July 38 Evaluation of the current political regime political current the of Evaluation It is roughly the same the roughly is It January 18 1992 37 19 1992 April 38 March 17 1993 46 16 Current regime has more flaws more has regime Current October 13 1993 Based on the data from Velšic 2001, 26 51 16 1994 45 17 1995 39 18 1997 4 42 and activities, its 16 2000 48 CEU eTD Collection the establishmentthe of interim government, because is opposition “surprised by its unexpected of leads transition belabeledcan also a“regime (Linz collapse.” Stepan and 1996, 316)It to old elites succumb themass of to protests civil society the in period ashort of time. Thistype (Kitschelt etal. 1999) which is more in accord with Huntington’s replacement. In this case the order,” old the of by “implosion atransition as transition the Czechoslovak characterizes acasein wasnot justice, which of Czechoslovakia. transitional non-occurrence leadsit to and camps two the between negotiations consequent then and opposition the from change the is unwillingtoinitiate [it].(Huntington 1991, 151)This type of transition requires initiation of negotiateitbutis the changeof regime […] governmentto the reformers willing issuch that and standpatters between balance the government the Within opposition. and government of actions is by combined the produced “democratization type of transition, regime. Inthis the of transplacement a as Polish) with (along transition Czechoslovak identifies Huntington regime. of from is regime the non-democratic nature change the choice mechanisms 2.2 Type of theregime change difference between the supporters and opponents of the regime was notso visible. the society, the within polarization of levels low the to contributed all This lenient. more was in Slovakia period normalization the therefore regime and accept the learned to 85) People theirand country cottages nurtured andtheir well.” networks generally adapted 2002, (Harris to people retreated weretolerated, collaborators the enterprise, same within the they remained Slovakia asin therestof country.the “[I]n when Slovakia, people lost their positions,usually 2004, 83) (Nedelsky dissidents.” atonly two wasdirected placein Slovakia thattook action dissident Other authors, however, do not agree with Huntington’s classification. Kitschelt classification. Huntington’s with agree not do however, authors, Other justice possibility transitional of onthe imposesconstraints The which variable second Purges within the party society and thePraguespringafter werenotasharsh in 17 CEU eTD Collection in massPrague. Thisled to mobilization of citizens both in Prague and Bratislava, which while old werein elites power. initiated not thatwere some negotiations included which afterwards a transition was collapse, but only among new the emerging elite. (Szomolanyi In this2004, 109) sense theregime elites, opposition held andthe representatives the oldbetween regime not negotiations were the Therefore representatives. opposition the and under old the regime, power significant hold did any not whohowever communists, moderate between the held were negotiations participate in (Szomolanyi 2004)The the oldelites didnot rigid round-tablethe talks, wereachievedclaimby thatnopolitical old concessions elite.the Kope disproves were communists government interim members of half the that of fact, constitutional andchanges scheduling the freethe of elections for June 1990.However the following on December December 29,with of election Havel asapresident 1989,the in already of Understanding National interim Government –creation of the occurred changes are characteristic for the pacts.” (Kope pacts.” for the are characteristic a one-sided of “movingany out positions” without majorfuture political concessions, which negotiations at the end of November 1989 were,from the point of view of the old regime, just the that rapid, “so were strike, a general and demonstrations opposition mass by characteristic were which inCzechoslovakia, The developments apact). (or transition negotiated a as be understood not should case Czechoslovak the Bratislava, and in Prague both opposition of the elite and representatives the communist the between negotiations there were Although 1996, 321) Stepan and (Linz approach.” political developedarticulated an not has normally success [and] The first impulse was the harsh crackdown of demonstration November 17student the of impulsecrackdown wastheharsh The first collapse”. “negotiated transition as a theCzechoslovak Szomolanyi defines Kope þ ek agrees with the definition collapse. (Kope ek agreeswith as aregime definition the þ ek 2006, 152) Empirical evidence proves that swift thatek 2006, Empirical proves 152) evidence 18 þ ek 2006, 151) ek 2006, þ ek’s CEU eTD Collection Czechoslovak case. Czechoslovak etal.(Elster 11-14) This “lack 1998, problem of in of vanguard”occurred transformative the inprocess. transformation old subsequent they the isneeded elite argue that mass-protests, the after together brought is which opposition, fragmented and incoherent the with Combined completely discredited. not is old the elite that changeimplies regime of the character non-violent the Preuss, and Offe Elster, to According opposition. communist of character in transformation of periods. these each elite discuss to going am I phases. distinct three into divided transition long experienced in ofSlovakia, important which more Itis case the even order. emerging political new inmaintain the position theirableexamine old was to elite to the whether important is it legislation, justice transitional the make on decisions who elite, is the it Since discuss. Elite 2.3 configuration the only possible outcome of the “torturer problem.” forgive”and not was “forget and therefore a hard notconstraint was of means type transition This terminology. in “replacement” Huntington’s or collapse”, as a“regime characterized earlier. identified wasthechanges talks these (Szomolanyiof in outcome negotiations roundtable case. Czechoslovak of the 1999, 20)The oppositionthe membersby led Václav NovemberHavel on the 26.This elements represents and Adamec Ladislav Minister Prime federal the between negotiations of initiation the was in Prague and Public Against Violence (VPN) in Bratislava. The outcome of the mass protests coincided the creation organizations opposition includingCivic with umbrella of Forum (OF) The first phase isphaseThe first nature toalargedetermined of by the and regime extent transition The elite in configuration the transition is period thefinal hardI am constraint going to democracy better is argue,Czechoslovak transition to that like Iwouldto Therefore 19 CEU eTD Collection thousand. 5 re-registration of all the members, the all of re-registration with associated in1991. This was January Communistthe excluded reference wascompletely and Left Democratic of Party – The Slovakia of Party Communist the name to its itchanged andgained who representation after oldthe elite in resignation 1989.Subsequently,December communist regime – with abilityCommittee of Communist Party of Slovakia, which were in away on the periphery duringof the foreign Central of Marxism-Leninism of travelInstitute the from communists young the a by initiated and contact with the WesternCommunist party in literatureSlovakia to undergo a successful transformation. The transformation - was wholeor (Dvo groups. individuals widespread of not sanctions lead and to does therefore groups as some regime old aswell the old regime, to opposition both legitimizes old both andnewelite of representatives Dvo new elites. and old both of consisted changes, institutional important the of some initiated which government, caretaker The (Calda162-163) 1996, power. real thecommunist of as overestimation fear aswell violence, of use of the of aresult This was communists. to the much concession personal werequestions negotiated in round-tablethe intalks, which OF and VPNmade too fact the that indue to regime newly the emerging andinfluence secure representation able to were formed only after the mass-protests had already started. Calda argues that old elites were grey-zone andreform communists (from periodthe of Prague Spring).Both movementsthese Violence,individuals consisted of including with opinions which thedivergent –dissidents, theCivicForum,in –in organizations Against Czech Public context, Slovak, the the Only about 1/10 of members re-registered, which caused a steep decline in the membership to less than 50 than less to membership the in decline steep a caused which re-registered, of members 1/10 about Only Another important factor affecting the elite configuration was the ability of the opposition umbrella of creation by the is characterized change The regime Ĝ áková andKunz 1994,61) Ĝ áková and Kunz argue that coalition consisting of moderate of consisting coalition that Kunz argue áková and 5 which served as an alleged break with the past regime, 20 CEU eTD Collection 7 provided. For a detailed discussion, see Nedelsky (2004, 89-90) parliament. During this in its 61seats the dominance, securing HZDSregained In subsequent early elections, phase, SDL (in coalition period of timeinwith 1994 3 smaller parties) becamecommunists. (Szomolanyi of was dominance 1999, 90)The forashortHZDS disrupted the second old regime representativesSlovak These parliament). broughtstrengthening continuity with the elections of personal the in Slovakia – 99 out of in politicalin (securingmandates party 74outof 150 Slovakia after 1992elections the the 150 members of parliament1968, although he was maintainable to hisjob as alawyer were former (Szomolanyi 1999, 46)Me agree with thewas a result liberal of the fact that HZDS was established byorientation the byformerwas “dominated 2004,90)This (Nedelsky managers party communist cadres.” and former VPN members who did not of the party, many of which were former communists. 6 Me of Democratic Slovakia) Vladimír configuration conducive to transitional justice pursuit. suggests that firstthe firstby phase electionsin two delineated the resulted an elite Slovakiaby wassecured andChristian (KDHVPN (32.5%) democrats –almost 19%). This from while gain representation more the biggest forum vote, the than 50% of to able was highest electoral in the gains in both 1990 elections CzechRepublic and Slovakia. Civic (Rybá party. social-democratic as a andre-orientation pluralism of conditions the to adaptation It was a 6 month period of broad coalition between SDL and center-right parties center-right and SDL between coalition of broad period a 6month was It Me þ iar was accused of being a secret police collaborator since 1976, although direct evidence was never was evidence direct although 1976, since collaborator police secret a being of accused was iar Ĝ 2011,82) The second phase is characteristic by the dominance of HZDS (Movement for HZDS (Movement of by dominance the ischaracteristic The secondphase Nevertheless, the first phase was dominated by the anti-communist elite, who hadthe who elite, anti-communist by the dominated phase was thefirst Nevertheless, 7 , after a larger number of parliamentary party.the left alarger, after numberrepresentatives of parliamentary þ iar himself was a member of party,the whowaspurgedafter þ iar. The party iar.in party was secededfrom it The 1991andVPN 21 6 . HZDS became the most popularmost . HZDSbecame the CEU eTD Collection 9 electoral law (higher threshold forcoalitions) passed by Me 8 were following: parties political Slovak of scores The parties. political by the communists former of treatment dimensions research institutes anda lesser to journalists extent and politicians) onvarious policy of politicalsurveys between based onexpert 2002 andmembers conducted of 2003(with academia, parties. roughly inidentified by research the Benoitconducted and (2006). The Laver research was One of the dimensions they weregroupings, which were more supportive of transitional justice. interested political of creation led tothe in fact parliament of the fragmentation Fico. This Róbert in wasMikuláš Dzurinda in2000 and the split of which SDL by resulted inestablishment of Smer the by SDKU of creation the coalition, SDK the of collapse the including – parties parliamentary Rudolf Schuster, almost 15% percent of electoralvotes, a coalition party of parties includedcenter-right Itparties within united both wascreated. divergent ideologically Hungarian SDK parties anti-Me a broad Instead, coalition. ruling the construct (SMK) able to was not votes), and a small party although number of inwinning the largest representatives the parliament (with the 27% of of coalition. ruling biggest party with electoral gain butitslightly of over 10%, didbecome not memberof the Schuster became President of Republicthe in May 1999 in changes the to due created was parties center-right of 5opposition consisting SDK, party electoral Special The approach of the relevant political subjects towards transitional justice can be justicecan transitional towards subjects political relevant of the The approach The third of aradical brought period transition in change politics. HZDS, Slovak 9 SOP.This byeverincreasing wascharacterized period fragmentationof the 8 , the transformed former communist SDL, which was able to secure to wasable which SDL, former communist transformed , the 22 þ iar before the elections þ iar coalition of iar coalition CEU eTD Collection the elitethe configuration of point view. of bethird be to transition from stage the justice mostcan expected transitional conducivefor varied, the and however influence This stagesinSlovakia. influence transition inall of the followed by SDKU and SMK. pursuit, justice transitional inharsh interested most timethe the (KDH) at were democrats towards policies adopts their coalition) (or party certain a direction of anindication it as can serve but it of dealing justice, but towards actors transitional of political of indicator relevantattitudes an exhaustive with from lifepublic asfar aspossible.” (Benoit and Laverthe 2006,173)This statistic isbyno means past. Moreover,be keptout should “former communist is that theopinion life”,20 participate inpublic to it andformerhave should rights opportunities “same theapproach communists that represents can be concluded that Christian omrcmuit 3.6 Former communists Party To summarize, it can be concluded that the old elites were able to preserve some to oldthe elites wereable it that can be concluded To summarize, The score indicates the party position on the continuous scale from 1 to 20, where 1 SDL 7.1 HZDS Smer SDKU SMK KDH Based on (Benoit and Laver 2006, 256) 2006, Laver and on (Benoit Based 23 14 17.4 13.1 7.9 CEU eTD Collection therefore the constraintchanged rapidly. The elections broughtof a major victoryelite for the democratic forces and continuation was eliminated.in April 1990, beforeThe the first elections. For more detailscommunists see next section. were (See 2.2and The 2.3) only thejudicial exception already was which rehabilitations, occurred able to by explained of retaining by the power inboth old elites the executive andlegislativebodies. justice be measures–which characterized notransitional can byadaptation almost of was transition phase of thefirst of beginning the Therefore representatives. communist communistfrom deputies which parliament, werereplacedthe bycooptation mostly non-of The period of December 1989until 1990 wascharacterized February by of resignation which 10 were communists and it was led by the communist Prime Minister Marián Marián Minister Prime communist the by led was it and communists were 10 which Governmentof national members,It had understanding 21 10,1989. on December the of out in resulted negotiations with oldThesenegotiations interim federal elites. the of creation the by it characterized was also butcollapse, aregime was Czechoslovak transition argued, 3.1 Slovakia within Czechoslovak federation (1989-1993) in detail. justice transitional of dynamics the inspect to going justice legislature, as well as its implementation in practice was different. In this chapter, I am transitional of enactment the therefore and way in different other each with interplaying three distinct phases. In each of the phases, the Transitional hard justice constraints dynamics in Slovakia 3 on transitional justice were The major turning point was the 1990 June elections,The major 1990June the elitewas configuration when turningthe point This phase is characterized by the close proximity of the regime change. As Ialready change. of regime the proximity close by the is characterized This phase As Ialready canbecharacterizedby argued, of Slovak transition existence the the 24 ý alfa. CEU eTD Collection dealing with elite configuration on the federal level. federal the on configuration elite with dealing 10 revocation of be87/1991) Themitigation of carried through grievance wasto democratic society.”some (§1, out of the acts, a of principles with the in conflict … [and]which were acts and administrative acts various return of thelabor law, civil application of through arose which grievances, “mitigate wasto its aim and confiscated asset, and provision2011, 147) of financialmore than 220 to rehabilitations weregranted (Morbacher inCzechoslovakia. persons 000 adhere.Judicial to regime in which accepted FinalAct), Czechoslovak the rights Helsinki the Human on Declaration as (such documents international with in accordance and constitution communist the by even enabled were activities criminal former these of some Moreover, society. of any with democratic values the andinmorally accordance right regime, were old the under criminal labeled were which victims, the of activities some that acknowledged unlawfulthe suffering, material didnot bring compensation which for any the victims. It of in moral form act, of a asasymbolic acknowledgement be characterized can mechanisms Constitutionthe in internationaland for provided […]”(§1,119/1990)Thisdocuments by guaranteed liberties civil and rights political of respectful society democratic of principles with the thatconflicted acts basedon “repeal sentences the of lawto was this purpose judicialtransitional justiceon mechanism Act was the (nb.Zb.). The 119/1990 rehabilitation first the mentioned, already I As restitutions. and rehabilitation extrajudicial rehabilitation, Reparatory 3.1.1 justice federal assembly the Therefore in 18%Slovakia. around in Republicand votes the Czech the 14% of secure lessthan Since most of the transitional justice measures in the first phase were adopted atthe federal level, Iamonly The Act on The Actextrajudicial on rehabilitation 87/1991 Zb.)(nb. in February waspassed 1991 deal followingjudicial mechanisms – In Iamgoingwith to the reparatory section this 10 wasdominated by democraticthe representatives (See2.3) 25 CEU eTD Collection the property, or by eitherbe of returning carried wasto out The injustices mitigation the of 1989 wereunjust. financial compensation 1948 and between nationalization and cases of confiscation some explicitly that law states to the entitled1990 with mitigation Actthe on injusticesof certain property-related 403/1990Zb.).This (nb. person inOctober already wasenacted estates of Restitution restitution. and property church (ownerestates or lawful of restitution property, agricultural the of categories –restitution broad into three be divided heir). The property belongingsand ofits as people itstreated own assets.” (Preamble, 496/1990) powerin its own it thecommunistthat 1948,considered tostate “the party,came after properties owned by the communistSlovak itmeant Republic practice, Federal (nb.496/1990Zb). In nationalization of the party. The justificationreturn of the assets of the Communist Party forof Czechoslovakia this to the peopleinitiative of the Czech and was the claim 2010,3-4) legislature. violated (Jablonovský its own the state therefore property).expropriated nationalizedproper compensationwas often Property without and for forthe compensation provisions include decrees (since property nationalization the seized the for owners compensate to duty lawful its wasawareof state the that argues requisitions were made without proper compensation, or no compensation at all. Jablonovský nationalization and confiscation isthe of grievances the nature The by pastregime. the committed injustices of the property – againstgains. the will only didit notsymbolicprovide victims,but tothe rehabilitation inlimited resulted material of its rightfulcompensation owner,or adjustments inmoreover social security payments these for the victims. Therefore this act This early initiative This laws bypassing of wasfollowed variousearly restitution can – which Act the actual was on the A 1990 November restitutions of the property to prelude ofthe wasthealleviation inCzechoslovakia behind restitutions The ideaproperty 26 CEU eTD Collection 11 period of freedom. However the law provides for the legal continuity of legal offreedom. period continuity legislationpassed forthe lawprovides the the However of delegitimizeddifferentiate theold one and itself to from tried periodthe of oppression a – as violated human laws.”new480/1991) By andits rights democratic (§1, own the regime this, “between regime communistthat period the of 1989the oppression and1948 stated explicitly labeled the pastregime as Zb.). of act period This on the 480/1991 oppression (nb. Symbolic 3.1.2 measures Orthodox. the to property its transferred and church Catholic Greek the parliament Slovak the passedin was Church(nb.211/1990Zb.) andOrthodox GreekCatholic relationsthe between At during expropriated same the settlementthe of Acton the1950s. time,the property of various This return which organizations, church forthe to were property the provided religious (nb. 298/1990Zb.). and congregations orders of relations property of the of some residence. Zb.). This law allowed Acton modification landof ownershipof the agricultural andother (nb. 229/1991 property for restitutions only to the laws restitution other as hadtobe well.prepared citizens of theproperty.be 2010,13)Therefore law (Jablonovský the amended hadto several and times country with permanent typesallow of of itfornot other did restitutions Moreover, of nationalization). certificate provide necessary (suchas months) evidentiary documents allthe to deadline than 6 (less a short instituted it because in problematic practice, was of regulation this application All the other initiatives mentioned in the first phase were passed on the federal level federal the on passed were phase first inthe mentioned initiatives other the All Symbolic of condemnation communistthe regime came 1991Act with November the by modification the July Act on The 1990 the restitutions werestarted church property 1991 inthe May regulated were restitutions forests as aswell properties, Agricultural 11 . This was needed due to the fact that communist regimecommunist expropriated factthat the to neededdue . This was 27 CEU eTD Collection see Rosenberg 1995, 67-121 12 regime would not be a guarantee of legal certainty, but on doubtbe handit other on the butwould oflegal regime aguarantee wouldnot cast certainty, law. the “respecting continuity They the with argued that value oldthe previous system the of justices upheld court The principle. legal certainty the violates it evaluate, whether to court dissidents the of some and communists former both by guilt collective of institutionalization and principle certainty nascent democratic order. On the other hand, it was criticized on the basis violationof legalof the protect discontinuity infacilitate regime with and totalitarian order thissensethe and idea law behind lustration exclude the was old from to elites newemergingthe democratic main life. The from 2006, 353) public (David the excluded completely oldthe regime were institutionalized an exclusive lustration system – asystem in which officials associated with FederalSlovak Republic,Zb)- Republic and Republic Czech the (nb. 451/1991 CzechandSlovak of the bodies andorganizations instate functions of certain performance (Nedelsky 2009, 45)Thelustration law –Act establishing certain additional conditions for the transparent. make theprocess and govern thescreenings to beseen law as anattempt can sensethe lustration this In some active individuals. towards publicly collaboration directed of andpublicaccusation leaksfrom Ministry of the information Interior with the is associated lustration wild This goals. political for misused was collaboration police secret of revelations parties screened their candidates 3.1.3 Lustration voluntarily before therepealed only if so provided by laws.”specific (§2, 480/1991) 1990 elections be shall … oppression] inthe[of period adopted “Legal acts regime. under communist the (OF and VPN) and Fordetailed evaluationof the lustration law from the normative point of view and criticism of its shortcomings The so called “wild lustration” was already applied before the elections – some of of –some the elections the before applied wasalready lustration” “wild The socalled 12 . Group of constitutional the . Groupof theparliamentarians submitted lawto 28 CEU eTD Collection environment is closely connected to the secret police archives and in this sense access tothese in senseaccess archivesand this police tothesecret isclosely connected environment Truth revelation3.1.5 againinopened Slovakia. beTherefore had histrial 2001) to (SME intheCzech hissentence commence Republic. dissolved andhe avoided imprisonment by instaying Slovakthe Republic and to refusing was federation the meantime in the but court, Czech the by in prison 4 years to sentenced was was mainly aimed atdissidents, whowere prevented from attending demonstrations. Lorenc security. in found Thisactivity of citizens guilty of roundup Lorenc 1988-89. was preventive Slovak Alojz Lorenc, who was the deputy minister of interior and theformer head of the state also was responsible criminally held individuals the of one but nationals, Czech mostly implementationsee Nedelsky (2005, 2009), David (2006) or Nalepa (2010) 13 Miroslav Št Miroslav interventions, police brutal of initiator the and official communist the with was trial ever first The 1988and1989demonstrations. crackdownof the –unlawful abuse their power of during this period. Prosecutions wereinitiated against high-ranking communist officials for Criminal 3.1.4 justice 2.3). (Seesection mechanisms ruling elites Slovak (after 1992elections) the werenotin favour of punitive accountability thefactthat in canbeexplainedby 2010,193)This (Nalepa thoroughly applied Slovakia. the credibility of the democratic system.” (Pl. US 1/1992) upon newthe values,endanger the legaland certainty confidencethe shatter in of citizens the For the more detailed analysis of the Czechoslovak lustration law, the motivation forits passing and its As I already As Ialready in transitionalargued the theoretical chapter, justice inpost-communist Criminal wasmechanism, wasprosecution which limiteda in mannerused avery itwas never however federation; whole wasvalid the legislature for Lustration Č pán, who was sentenced to 15 years in jail. Criminal prosecutions concerned 15 years prosecutions Criminal injail. to pán, whowassentenced 29 13 CEU eTD Collection in thorough pursuit of transitional justice. The break-up of meant of however,of pursuit justice. Thebreak-up federation, the in transitional thorough interested not ofelites, whowere bythegovernment Slovakia, wascharacterized independent Slovakia under Me 3.2 (Stan2011,321) very accurate. listwas the that itwas proved made accessible, were police registers secret when theactual remained only source of information about former collaborators Slovakia of forcase a longthe in which time. list”, Later on, “Cibulka so-called the – collaborators and officers police 160 information Cibulka,Petr formerpublished onabout who dissident 000 allegedsecret- information 2011, 321)In possible.” (Stan Czechoslovakia, itwas initiative a personal of accurate most mistakesmake offered and nothey included thatverify to need sure lists the to the than andcompelling urgent was more names disclose the needto access]the secret-file institutions and officials tode-block key transitional justice … [and procedures in caseof the compel state to “sought vigilante the activity, this of information.”performance By inquisitors who believed justiceStan, vigilante action “self-appointed justice”. is Accordinga private to of “vigilante they furthered the common good by publicly releasingharassment, and would be therefore anill-considered step.” (Nedelsky 2009, 51) the [secret] families to and wouldtheir these expose persons arenotyetconsolidated, andhabits a institutions is publication,time “thethe at when democratic government convincedthat that 14 accessible to the public, nor made available for research. Federal Prime Minister Minister Federal Prime for research. made available nor public, the to accessible Czechoslovak federal parliament adopted a strict lustration law, the secret files were notmade factthat of the Despite mechanism. important truth-telling most the canbeconsideredas files For more detailed discussionof Cibulka lists see Stan 2011 This view, however, was not shared by everyone and it led to the first case of led firstit the caseof and by so-called shared to not everyone was view, however, This The second transition phase, which is a phase of the first years of of yearsfirst of of existence the is aphase which phase, The secondtransition þ iar (1993-98) 14 30 ý alfa argued alfa CEU eTD Collection Slovakia. in main for of to“politics theturn silence” can the bestate reason considered independent in the newlyestablished elite the configuration Therefore (Kunicova 2006,18-19) Nalepa Slovakia].” [in implemented being from law lustration federal the prevented powers keeping transitional justice, with lawfederaltransitional lustration notagree did harsh the and “Me somemild of forms with Kunicova NalepaarguethatHZDS,although agreeing and victory electoral of which brought HZDS. a of 1992 elections, which consequence as emerged Slovakargued, that enforcenot its republic didownlaws. to bein for 5years,effect simplyexpired beginning at the of 1996. In itcan be sense this intended law, which was originally Thelustration in carriednot out were practice. lustrations However, no legislation lustration was in andit required effect establishment the of procedural rules. lustrationfreedoms of screenedthe individuals. (Kunicovaand Nalepa formally,2006, 14)Therefore agency wasit which decided notdoes and violatecourt, rights constitutional that federal Czechoslovak establishedin the petitioned lawwasalready the that theexplanation, with with this application proceed (the federal did FreedomsCharter of Rights and intheSlovak included not Thecourt constitution. the with consistent is not it onethat arguing, court constitutional Slovak in the itwas petitioned in Prague) law.lustration torepeal executive The the attempts legislation. were There lustration the and the inherited of federation, Slovakia break-up the existenceduring the federation. Afterthe of the 3.2.1 Lustration above. measures discussed justice transitional the included which legislation, federal existing the of continuity legal The main explanation of non-pursuit of lustration is the elite configuration constraint, configuration elite the is lustration of non-pursuit of explanation main The even in Slovakia implemented not was law lustration that emphasize to important is It 31 þ iar’s gate CEU eTD Collection 15 political reasons incompatible with the fundamental principles of the rule of law of a of law of rule the of principles fundamental the with incompatible reasons political crimes for the limitation of lawbasic Moreover, human the of lifted statute and (§1,125/1996) freedoms.” the rights violations and crimes committing from accomplices their and members its prevent not notstate explicitly that the regime was criminal per se, it claims that the communist party “did law thedid Although officials. by state regime communist underthe werecommitted crimes 125/1996) However, such a law was never enactedduring this period. dissidents of communistthe regime andthepersons affected by (§6, persecutions.” the law, on the someof another enact“mitigate wrongdoingswould committed the which the communist repression for their struggle for freedom. Moreover, it creates an obligation to victims of thanksthe law The officially crimes. of of recurrence the anddeterrence victims goals125/1996) Thelaw identifies two justice of of transitional –acknowledgement the “ system (Preamble, … communist the deal to with necessity the account into and taking in of system toavoidrestorethetotalitarian citizens, form any recurrence the any attempts and keep in democracy, to memory nation’s the suffering sacrifices and of its thousands of acknowledgeof share in communistthe freedom system, them significant restoration the to of victims the to “givereverence special to necessary drafters, the to law was,according Such a only at the symbolic level secondthe throughout transition can phase explainits supportfor it. law and remained in interested measures this thatHZDSwasnotfacts punitive parties. The came this during transition phase it and was by supported both coalition and opposition immorality andillegality lawZb.). Surprisingly system of communist the 125/1996 (nb. this Reparatory 3.2.2 justice These included, for example, crimes of terrorism, murder, bodily harm and other Another significant outcome of the law was the acceptance of the fact that various that fact the of acceptance the was law the of outcome significant Another act importantpassedThe mostAct was the duringthis period on March the 1996 15 committed between February if1948 and December1989 “for 32 CEU eTD Collection Slovak state (including President Jozef Tiso) were executed. were Tiso) Jozef President (including state Slovak 16 time financial forpremium members the of domestic resistance (nb. 105/2002Zb.). Incase resistance during theperiod of This in1939-45. was enacted January Actonthethe one- 2002 themselves. victims the for premiums the familiesmorewrongdoings after than even 50 years.Thelaw financial provided for to compensation of the victims World Second War, justice the after transitional (a one wide-ranging Although was there era(1939-45). state Slovak victims of the compensation to time paymentNazi concentration camps and prison (nb.305/1999Zb.) camps was designedprovide to for the deceased deported those mitigation the someto The Act on of wrongdoingsto of the November 1999 victims) and pensionReparatory 3.3.1 justice constraints. justice extent of transitional lowest this wasthephase whichwas most the conducive to transitional justice pursuitdue to the coalition As liberal, well asconservative socialist 2.3), Ialready parties. of (in discussed as Slovakia after Me 3.3 discussed. already circumstances tothe due cases, criminal any in opening really interested were not remained only symbolic inpractice.This can be explained by the fact,that the ruling parties whole the justice law and therefore for pursuit criminal the created were specific mechanisms This regulationwas animportant for justice possible the criminal no pursuit. However, (§4, 125/1996) aindictment.” final of waiver the or wasno there conviction democratic state The period of 1945-48 was characterized by wide-spread criminal justice; some of the leading persons of the A one time financial premium was provided also to the members of anti-fascist of members the to also provided was premium financial time A one A communist past was not the only non-democratic past Slovakia had to deal with. The last phase of the transition is characterized by the government of of anti-Me by government the is characterized transition of the The lastphase þ iar (1998-2002) 33 16 there was a need to address some of the þ iar CEU eTD Collection for the documentation of the crimes of communisms within the Ministry of Justice. of Ministry the within communisms of crimes the of documentation the for 3.3.3 Truth revelation3.3.3 which was concluded with a final 2002) conviction. (SME conditionally for the offense15 months Slovakia. to sentenced independent of Hewas the establishment ongoing sincethe of abuse of authority. To this date, it is the only criminal case,2006, 20) by and Nalepa SDL. (Kunicova opposed especially –itwas some of parties coalition the Interior and it is a police Documentation functionsof of theMinistry Communist andInvestigation Crimes under body. This was, however,initiating rejectedcriminal prosecutions. Itwas to be based on the Czech model – where Office for the both by opposition,establishinvestigatingfora body, would beresponsible which communist and crimes as well as 3.3.2 Criminal 3.3.2 justice were later rehabilitated. and who provided victims family the tothe least members or victims,3 years of injail whospentat was allowance financial The victims. the compensate to regime communist the of immorality the on law the in given commitment the of fulfillment a partial as be seen also can law This provided financial compensation to one of category the of communistthe regime victims. Act politicalone time on premium financial for prisonersZb.) provision (nb. 462/2002 provided widow/er. tothe was premium law, the the of thepassing of time the at was deceased member resistance the The unsuccessful plan of of The unsuccessful plan The year 2002 also saw the conclusion of the Lorenc case, whose criminal trial was At endthe minister of justice1999, of Ján already July2002 the in(enacted 1990), act judicial the reparations In connection to ý arnogurský in establishment of the Department the resulted arnogurský 34 ý arnogurský arnogurský came up with initiativethe to CEU eTD Collection appreciation of appreciation “men lives, risked of whoand women theirown personalliberty and whowere symbolic a represents status This eligible. individuals the to member resistance communist of 219/2006 Zb.)was it conditions for status the enacted anti- grantingthe and created (nb. resistance Act on anti-communist the March 2006, spouse.In the or himself, victim the 726/2004 Zb.)identified victim another andprovided financialeithergroup compensation to individuals in placed labor campsforced military the years between 1948and 1954 (nb. Actsuffering.on provision one-time 2004 the of December financial to contribution identifiedlawmakers some of victim’sthe which befor groups, were to compensated their Beyond the three3.4 phases chapter. next developments after break-upthe of Czechoslovakia. Iwill thisindiscuss more detail in the the of aresult silence”,breaking was which parliament. of the This brought“the amendments in some memory (law acts nation)the to on nb.553/2002Zb.waspassedof authorities between 1939 -1989and the establishment of Nation’sthe and Memory Institute elections an Act on the declassification ofwithin the Ministry of theInterior. documents on the2010) It had accessactivities a to limited amount of archival material,because some itof was deposited of state (Gula andcompensations). restitutions the victims the (concerning to services consultation security with the documentation of the crimes committed during the communist period and toprovide persons itsandcollect responsibility documentswas to concerning periodthe 1948-89,start was possible of already beginning of establishment atthe It consisted thirdonly the 2 phase. Foundation of requiredid small this department not supportof the itsparliamentand therefore The establishment of the NMI did not bring a complete end to transitional justice. The The major turning point wastheyear 2002,whenjust afew before months the 35 CEU eTD Collection and (Preamble, democracy.” 219/2006) sacrifices ready for fightingfor ultimate homelandtheirfreedom valuesof the anddefending 36 CEU eTD Collection Slovak approach to transitional justice can be characterized. The preamble of founding of the preamble The be justice characterized. can transitional Slovak approach to it by lawas an past, “forgetting”the the the to overcome which the of presented attempt 19 18 representatives. independent 31 were 8andthere to increased factions parliamentary factions and one of largest clubsthe independents was (30).During the second vote,numberof the 17 in sense. anunbiased past orthe earlier non-democratic past, communist its eitheraddress able to not was Slovakia fact that of the Thisis a result state. era of Slovak threat of break-down of the coalition was no longer relevant. (Kunicova and Nalepa 2006, 22) ruling coalition from inof whichthe law the anenvironment, supporters the (in 2002)created September were no longer proximity elections the Moreover, political fragmentationthe intheparliament. of of parties constrained favourablethe elite configuration,of which was aresult1998 elections andsubsequent by its coalition waspresent.or not 2002b) for (Vote Political thelaw support possible wastherefore dueto partners,abstained rest the and of law,mostthem forwere against the voted of SDLrepresentatives the especially SDL.HZDS representatives were notpresent orabstained, although Thethe rest voted for the law. None 18, it gained in 82votes out of 115 present assembly.This the moretime than half the of August on veto after in presidential the law parliament the second the was 2002a) The time law. Most of the SDL representatives were not present or abstained from vote. from the abstained present or not were of SDLrepresentatives the law. Most HZDS extent some main to SDL and were exceptions developments2.3) The after (See 1998elections. the range of political parties was by presidentialThelaw veto. the hadsupported a wide establishing outvoted institute the and factions in the parliament. This Nation’s was Institute theof resultMemory 4 of the political Impartial study of the Slovak state was not possible during the existence of the Communist regime But even 2 SDL MPs voted for the law. At the time of the vote, the parliament was rather fragmented. At the time of the first vote, there were 7 NMI is supposed to examineNMI is supposed to notonly communist eraof the butalso dictatorship, the The establishment of The establishmentof institute was accomplishedthe in after 2002, August parliament 17 . In the first voting session in July 2002, 82 out of 93 present MPs voted for the 37 19 The supporters Theof supporters 18 (Vote CEU eTD Collection parliament, on August 19, 2002. the second20 reading of the law on July 9, 2002. Themotivations second one andwas the of understanding a better justifications lead to will analysis This reservations. law president’s and the before thefor memorandum explanatory an and vetopreamble the as well as law of the of passing the to politicalwasleading overruled elites in debates parliamentary tothe of analysis thematic the includes analysis in case.The Slovak the thepass such a law. law in same the wereestablished mechanisms these both and These files the research and administer documents wereboth NMI and secret police treat will I archives communism. of fall the as after years the 13 samemechanisms issue, justice transitional these since adapt it is one of the NMI’s duties to Analysis of the justifications 4.1 and criticism for Institute’s establishment establishedinstitution – NMI. administer thenewly to times.” weregiven andresearch duties to files the (§6,553/2002)The December 31 from April 1939 to 18th, in period the authorities security Security and other activity State of the asaresultof whichwerecreated documents, and reconstituted be public shall preserved police files, which were until then still inaccessible. “Subject tobeing disclosed madeand State, which violated human rights and laws.” its own (Preamble, 553/2002) duty rectify state of the to toallthosewhosufferedour wrongdoings a on behalf of damage is totheharm “the victims emphasized.its address is asduty done the There past,aswell to be protected by secrecy or forgotten.” Therefore the state has a duty to disclose the truth about condemned repeatto it, and that no unlawful act onbehalf of the State against its citizens may law states that it is important to bear in mind that “those who do not know their past, are The law was vetoed by the president; therefore there are 2 rather extensive debates. The first one was during This analysis aims at uncovering the motivations and justifications of political elites to elites political of justifications and motivations the uncovering at aims analysis This One of the most important developments of the Act was the full disclosure of security st , 1989, of , 1989,of which arekeptin filesrecords archives from or (registers) those 38 20 CEU eTD Collection information establish The thepast. initiative about to files theandmake secret public NMI morefileshelp behind.in waslagging uncover Opening these would the region and Slovakia law which drafters of the forgive”, the considered asnormatively undesirable. and “forget prevailingapproach was in 2002a)Until the then, forgetting.” result (Debate not “it that evenforgiving 1989transition,can the law, Langoš,argues after we chose Ján though proposed of the Themain author thefuture. for makechoices its is pastifit right the to know needs …”(Memorandum nation 2002) The spiritualto andmaterial facilitate which growth owners. If is this isdone properly, past the thesource identity of power, and knowledge, inroots past.[Therefore] itour needsbe properlyto managed, and treated sharedamongits traditions, habits butand knowledge,alsoweaknesses, our mistakes traumas and have their debates. present “Past[…]shapesbehaviour and our future.of also our Our asaresult that current identity. Therefore the need to address the The need to address 4.1.1 criminalthe past past was strongly present whichled debate, voting repeated law.the to the on in the understanding veto. Therefore itis of presidential the based only analysisthe of on second the of the majorsome addresses objections, theme following The view. of point collective and individual both from truth, as well as answers order,to these especially problems. the current ruling Thenewof democratic the andlegitimization regime of past the political delegitimization with deals the last elites.one Thedeals next theme with examines thefirst theme the role of the thepast and undesirability rightof forgetting is addressed. The second for theme the who opposed it in the parliament. chosen for the reason, that they all express justifications of the elites, who prepared the law or By mid 2002, there had been some results of the secret police By of mid 2002,therehadbeen results archives access debates secret the some shapes our what as something, past the of law perceived the andsupporters Drafters The analysis covers five themes, within which several codes were addressed. In the 39 CEU eTD Collection serves a purpose of its delegitimization. NMI was created with the hope that itwould that hope with the was created NMI ofits delegitimization. serves apurpose Delegitimization of the past regimes 4.1.2 to this problem. wasregardedtobeapossible antidote truth the andinof senserevelation threat this aever-present as wasperceived pastpractices crimes and the of recurrence the of 2002)Deterrence freedoms.” (Memorandum suppression of repeated for preconditions creation of “aim at freedom can by lack of characterized periods historical suppression historicalof facts andits substitution with half-truths and – rumours” of the politicians. structures of the old regime.know aboutpublicto hasarightinvolvement past the of present-day the politicians inthe This initiativethe that argued was It sense. symbolical the in least at past, the and could present the between made lead to damage reputationknow theirare past condemnedrepeatit.” to(Preamble, No 553/2002) thicklines should be of some of the assumptions – everybodythis sense it initiativean forgetting. against was The argumentation builds up on two should be responsiblemany politicians act like whatthey didin their pre-1989pastisand irrelevantforgotten. In for his actions whoact like had if they only 12yearsand(Debate 2002b) old past.” fact Thisrefers tothe that that “those who “Wepoliticians, live with in do Slovakia. past of the treatment the of problem tothe connected not all. at mentioned not were mechanisms justice transitional and thepast stricter address can do to society Slovak society. hand On other the the elites saw initiativethis final assomething Slovak that itinissue as was 2002a)Therefore a very presented salient the history.”national (Debate in our andNazi past communist of the addressing the of “completing as was considered Uncovering the realities of the past regime – along with the crimes it committed – at attempts motivated “ideologically meaning athistorical – Attempts revisionism isalso collaborators and employees police secret of identification of need The 40 CEU eTD Collection humiliation, all kinds of humiliation, of all violence brutal and vulgarunlawfulness, kinds anti-Semitic propaganda.” continual to exposed rights, civil and human the of all basically of deprived were Jews existence, the Slovakconcentration the state “During from camps. country deported the to around 58 were andthere ininvolved Holocaust the was state The Slovak people 000 state and communist regime – committed forget”regimes –Slovak anddelegitimization. Both previously “neednotto the discussed a wide range of crimes with regimes. Thisis connected crimes obviously the of non-democratic something about the against their own citizens. Truth revelation4.1.3 and 4.1.5) proponents of democratic values.The voices opposition of will be discussed (in later 4.1.4 position legislationtried true to asthe The supporters of inthedebate themselves the 2002) citizens andin of constraining the their basichuman rights and freedoms.”(Memorandum not want and will not protect those, who actively participated in the repression of their fellow democratic does society that will […] demonstrate clearly past non-democratic into insights regime, which is andwhichsuppress notdemocratic freedom does itsof “Providing subjects. forefront. the to brought be to are which violations, and crimes regime is the it that view, of point – both communist regime andthe regime should state of Slovak be approached from such a institutes memory by (See2.3.1) of of identified narratives,thecharacteristic Mark historical not respected]…(Memorandum 2002) Thisis connected with constructionthe of specific sovereignty andstate suppressed long [aswellas]democracy periodof time, [were the during “examine and remind factthe that in the past century, the freedom of citizens of Slovakia was One of the main reasons presented as a justification for the law was the need to do current of the asalegitimization regime serves past of the delegitimization Moreover, 41 CEU eTD Collection 21 responsible for infringementresponsible for human of rights and civic liberties … (Debate2002a)There was were who police, secret of the collaborators and agents of names as well as regimes, communist and Nazi of officials public the of “names know to a right stems this From past. (Debate 2002a) by activities.” lifeinfluenced these family professional and ways hispersonal, inwas what know,rightinformation towhat security gatheredhimauthorities about evaluate and then to a has “Everyone habeas form data. –inthe of right” an“individual is as truth characterized the know to right sense,the this 2002)In possible. (Memorandum extent mostaccessible and [aboutfullestindead victims,them] historical preserve record “have aduty the wetoday to unidentified those to And unknown. still were them of some identified, be could regime the theregimewere with and collaborators perpetrators who the know to aright has society whole the but victims, the just not Moreover, members. family their of fate the or fate own their about truth the know to right a have victims of communities that is the right to 2002a) (Debate one’s confiscated. property know the truth. being having and country studying from employment, or the from dismissed prohibited to Therevarious – forms rangingfrom being torture, killing, while shot escape attempting to the are two in million manifested They 1.5–2people. were affected repressions Czechoslovakia, the main reasons for that. tovariouskinds types wereexposed of persecution. Victims members However,Jewswerenot only (Debate 2002a) the victims. of Political all opposition and For adetailed discussionof the to right truth see Teitel 2000,69-117, Zalaquett 1995 or Forsberg 2003 Furthermore, there is a right of the whole society to know the truth about the national the about truth the know to society whole the of right is a there Furthermore, First Iam discuss to going thevictims’ Althoughto right mosttruth. of victimsthe of – justice transitional of principle important very one identify law the of Proponents In crimes. regime-sponsored various dictatorship perpetrated The communist 42 21 . CEU eTD Collection were administered in iterasewere administered such amanner, is that anyinformation practicallyimpossible to control). parliamentary bodies wouldbe electedin therest byparliament, governmentthe (which is alsosubject to committeesthrough and […]assembly. 2002a)Most of (Debate members of the main these effectiveis and parliamentary only […] publicmeaning control control,[mechanisms] control popularsubject to control parliament. “Inthethrough parliamentary most democracy, the mainbodies of – Institute the and Boardof the Directors Supervisory – wouldBoard be all. at identified be not could simply collaborators and double agents Someof the materials standards. included –creating inare preserved the institutionalizesmechanisms for possible manipulation itand only affects persons the which (Debate and2002a)Inview,of not.” law the of point documents, the others this forincompleteness reasonof the be protected would […] problems –“some individuals of the face similar could new initiative this andtherefore weremanipulated certificates lustration the already Húska arguedthat beginning whenlustration someat the wasin of of 1990s, progress, HZDSrepresentative transition. Moreover, 1989 afterthe various periods in were destroyed many There wereanumberof that documents. rumours selectivity the claiming of documents Selectivity and 4.1.4 manipulation and heldin archives. the confidential as information wasstill classified 2002a)This (Debate weretheymurdered. how and held wherewerethey werearrested, individuals the how of as well as themechanisms unknown, are victims the of places burial the about information the in which disappearances, also a need to uncover the mechanisms of perpetration of the crimes. There were cases of The answer to the selectivity problem is provided by Langoš. He claims that “records He claims by Langoš. that isprovided selectivity problem The answertothe prevent political this isThe manipulation, problem the answerto twofold.provided To of problem the was discussion in the up brought reservations main the of One 43 CEU eTD Collection President. the Slovak constitution). The absolute majority of parliamentarians (at least 76) can pass the law vetoed by the 22 (Debate 2002b)profile Thepresident–his the of past position communist the within party as “a moral failure” 2002b) (Debate and “a institution rejection of demonstrative this [NMI].” FormersuggestionsFrantišek were proposed. dissident of Mikloško sees attitude presidentthe specific no and law the in sufficiently addressed are shortcomings supposed the all of that were made. specific in suggestions changes of law,or the new orparagraph wordings any formulations due to their articles of particular comments by anyspecific be removed not can … nation the of memory severity andargumentation was concluded by a vagueextent.” formulation – “The shortcomings of the law on public presidential oppression document,officials). or periodThe reconstructed of (Rulingcrimes, communist crimes, (Nazi terms some of definitions confusing and 2002) clarity of Therefore no recommendationshow was the veto perceived by the proponents of the law in the parliamentary debate. wereand main objections the what discuss Here Iam to going parliament. the to presented for any archives was vetoed by Rudolf archives wasvetoed president Schuster the Presidential 4.1.5 veto impossible. Therefore is destruction from police ofthe individual filesalmost the produced. traces of any secret of data amount enormous tothe files,due other from everything almost reconstruct by shredding ofindividual files.” (Debate 2002a)The reason for thisit is is that possible to The President The of Slovakia hasaright of suspensive veto onany act passed by parliament the (article 102(o) of Proponents of the law did not take into account president’s objections, on the grounds law the mainly The several – objections lack the with to problems president presented As I already mentioned earlier, the law establishing the NMI and opening up the secret upthe NMIandopening the law establishing the earlier, mentioned As Ialready 44 22 . Two months later, it was again CEU eTD Collection (553/2002) Army orpredecessors ofthe above forces the period in from 18th, April 1939toDecember1989” 31st, Czechoslovakian the of Staff General the of Service Intelligence Forces, Penitentiary of the of Protection Internal Department Protection, Border State and Patrol Border ofthe Directorate Main the of Directorate Intelligence MainDirectorate of the Military Counterintelligence of the National Security Corps (Directorate III), 24 23 nomenclature (persecuted persons). The information about the collaborators was contained in personal their was contained collaborators the about information The persons). (persecuted personal which institution agroupintelligence includeddata, aboutcertain of or objects personal files, which contained information a about particularindividual and files containing – persecuted the filesabout of types two There were collaborators. and persecuted those – categories broad two included they that be stressed to needs it files, police secret about files police secret the from Truth revelation4.2.1 how canbe functions from analytical these the of organized view. point and NMI actually does the what of overview an provide will section,following I In the past. Functions of the 4.2 Institute allow him suppress the to initiative, duetodifferent elite in configuration parliament.the limited powerof to override presidentthe in legislation the Slovak politicalnot system did transitional justice (due to the fact that agroupperpetrators, to whichhe he belongs. belonged to the communist theformer andprotect past” the “forget to can be asanattempt seen veto sense, the elite). However,is1987 presented in debatebyKDHthe Muránsky. 2)In Peter representative (Debate this the signature on the precautions on elimination of the activity of participants of the pilgrimages in Secret police file is a generic term. It includes files produced by various security authorities – “State Security, President Rudolf Schusterwas a memberof Central Committee of the Communist Party of Slovakia The truth revelation function is primarily connected to the publication of information of tothepublication is connected function primarily The truth revelation was The newly institute provided mechanismsaddress several establishedthe to with beconsidered tothe president’s In this the could asaconstraint office manner, 23 –isidentified his asthemain for reason action. Even documentthe his with 24 . In itincludes practice, activities. When a widerange of talking 45 CEU eTD Collection lives. 2006) (Morbacher their security influenced state aboutthem howthe and information was collected to learnwhat lives, their someonemanipulated know that whonot did asthose police, as well secret to the interest of were they that knew who those both enabled NMI the of function This component. how ittheirand by was affected aboutcitizens repressive uncoverthefull this past truth to regional archives or files about Slovak citizens held in Czech Republic). throughout yearsthe after its establishment security (e.g authorities’ archives from the of the relevant documents. Moreover, some of the documents were submitted to the NMI This was sincea lengthyprocedure, had the Institute tomake aninventory andof all analyze alreadyof in establishment actual first the institute. the personal 2003,after screenings started results of the intelligence and be provided with the copies of these relevant documents. The information whether a file regarding him or her exists, whether there is a report containing the Uponindividuals any be interested. request, person over18yearsofagehasprovided to with providing this information were. the secretof interest of police,subjects the were they whether know to right a have Citizens what2006) (Morbacher kind of information protocols.” asregistration in same agents are registered the who police collaborators secret the was collected about thatthem was detrimental and often andalsoled to their conviction.who The source of thethis information was persons with information of records contain thousands persons of files persecuted “Thethe public. collaboration. 553/2002) (§2, and– which a conspiracy asdeliberate keeperof apartment lentapartment are characterized a informer, of keeper agent, fiveinto –resident, categories weregrouped files. Collaborators Morbacher claims that the disclosure of information contained in the files helps the helps files in the contained information of disclosure the that claims Morbacher the to information this of provision the is institute the of functions the of One beingmentionedAs disclosure documents are subject andI earlier, made all these to 46 CEU eTD Collection encryption services encryption 25 to cooperate with institutionsto state Authority –suchasNational Security information heldin archivesthe about themselves. in citizens areinterested that the between fact illustrates the Institute 2010.This 2003 and the on executors of 553/2002) of persecution executors the on (§8, and their activity.” archives tofulfill its goals. One of crucialfunctionsthe is of Institute the publish to“to data only with work filesthe deposited in its own archive, butalso research conducts in other doesnot and collaborators perpetrators, victimsmade forpublic. Institute available the were persons, but the whole society. Therefore after the informationlaw on protection informationthe of by classified agencies. these was processed, basis of the on the of security clearance the with granting is the related activity This agencies. the lists of It is the central body of state administration, which is responsible forprotection of classified information and As can be seen from below,10 As canbe almost seen graph the 000 applicationsto weresubmitted The institute does not only screenings forprovide physical One itspersons. of is duties The goal tellingof truth was not only aimed atprovision informationindividual of to 1000 1500 2000 2500 3000 3500 4000 4500 5000 500 0 4295 2003 1674 2004 2005 1769 Information based on NMI annual reports 2003-2010 Number of applications of Number 2006 488 47 Year 2007 706 2008 405 2009 242 2010 25 195 or intelligence or CEU eTD Collection participated in the counter-resistance activities of the regime and served as a political police body police political a as served and regime of the activities counter-resistance in the participated 26 analyze loss the and of freedom,causes mannerof fascistand symptoms Communist of function “conductto full impartial and of evaluation periodthe of oppression, particularly to August 1968victimsindividuals or into Soviet sent gulags. Holocaustthe victims2006, in 41)Lists (Annual Slovakia.” Report of victimsthe include the population from isimportantmost“the1942, which containing document about information along with listthe of victim’sthe names. In 2006, theinstitute published register the of Jewish in Slovakia. Thisincludes publishing statistical information many victims(how were) there later. issues of collaboration. of mediainthe the led anincreasedinterest to well.This for general as the public accessible (Annual Report 2007, 11)in archive, made which the availablewas for in researchers 2005. In 2007, itwas made I will discuss the controversies areheld The filesitself collaborators. of secret includethe names police, which of secret the it created andfunctionaries Guard of structure security Hlinka’s the to the state the apparatus andpersonnel of public organizational structure from the the Information accessed to range on interrogations usethe 2006, 39) from violence of physical duringReport 1951.(Annual command secret is the example – perpetration crime of mechanisms the on provide evidence ministers interiorthe between given 1989weremadepublic.These commands 1948 and commandsmade its of public the website. year,secret 1990 were on In same available the to Communist Party of Czechoslovakia and the Communist Party of Slovakia between 1945 and Hlinka’s Guard was a paramilitary auxiliary corps of the ruling party during the Slovak state existence which Other truth-telling activities of the institute include historical research. To fulfill the fulfill To research. historical include institute the of activities truth-telling Other regimes nondemocratic the of victims the of identification the is function important An When it comes to collaborators, the Institute grants access to the registration protocols In 2006, the list of the names of the functionaries of the Central committees of the 48 26 . CEU eTD Collection 2012) of the legislative sectionat the Ministry of Agriculture and decided to resignfrom his position in2012. (SME ĕXĖ list, in spite of the fact that he 27 denied the authenticity of the file. (SME 2005) The latest was the case of Pavol Sokol).Nedelsky claims this that activity to capturepublic’swas able interest a andcreated entrepreneurs, andmembers sportsmen of clergy the the catholic(including archbishop rare response. The listidentified of included collaborators politicians, prominent institute’s functioning resembles lustration. However, resignation from the post was a very the personsholdingthe ledtotheir office public resignation. of of collaboration identification cases, the of number inthesociety.In a limited responses Controversies 4.2.1.1 period ofoppression.the about inform withmedia to newspapers) films (television, mass documentary cooperates the and also Theinstitute non-democratic produces from of regime. testimonies victims the The history hold captures inhighschools universities. and oral department lectures journal Pamä The includestudies historicalresults of publication activity and professional this books, of 2007,73) Podolec and (Medvedický of oppression. period the of provide evaluation unbiased to beable would they Therefore communism). during the carry research their have out to not wasof toemploy young institute the historiansthey unburdened bythepast(meaning that did vision the establishment, its Since historical research. of itsdepartment has own NMI 8), the regimes andideologies, involvement their of anddomestic foreign persons …” (553/2002,§ The first was the case of state secretary Ján Hurný, who abdicated after his name appeared in the collaborators the in appeared name his after abdicated who Hurný, Ján secretary state of case the was first The uk, who was aMilitary Counterintelligence functionary between1980 1989. and He was appointed a Head The publication of the names of the secret police collaborators created various created police collaborators secret of names the the of The publication Moreover, the institute organizes various conferences, seminars and its employees organizes seminarsand various conferences, institute the Moreover, Ģ Národa (Memory of the Nation), which will not be discussed in detail. 49 27 In this sense, the impact of the CEU eTD Collection life (Nedelsky 2012, 5) 28 Some of courts’ the rulings mentioned above, however, suggestotherwise. can beconsideredreliable. institute bythe information published why the This is reason the andcollaborators. persecuted the both of files the with be cross-referenced can information that fact the to due changed been had information the when cases the identify to able are (Morbacher 2007,82)However andSivoš 1989.” employees institute thisprovesthat of the security amend after state the with collaboration to of attempted details the unknown persons they that were portrayed asvictims (the persons This interest). of meansthat“demonstrably, –theinformationof inthe collaborator the inregistration themanner waschangedprotocols in inidentified institute the in were all favor which changes done were 30 cases, 2007. The of person. innocent for an label incorrect collaborator the of moral problems –specifically publication can create its and therefore accurate unconditionally be considered cannot files in the information suggestNMI and12infavorof indeed plaintiff.the that inthe developments the courts These Report 2010,11) Twenty four lawsuits werelawfully out decided, of inwhich 12 favor of the cooperate knowingly.” in security andtheydidnot (Annual protocols registered state the are wrongly they that a “verdict anddemand inaccurate in was file the information the end 2010, 43lawsuits of on initiated were basis the of defamation. The plaintiffs that claimed information included in filesthe andseveral lawsuits were filed against NMI. the Until the (Nedelsky 2012,5) which condemnation ledsocietal debate, stark individuals tothe of bythepublic. these Results of 2005 the survey showed that82% of respondents think identified agents should fromresign public Tampering with the information in the files was also identified by the employees of employees the by identified also was files the in information the with Tampering On the other hand, a number of identified collaborators questioned the reliability of the 50 28 CEU eTD Collection 29 perpetrators was perpetrators a possibility initiate criminalto prosecutions. (Morbacher 2008,77-78) establishment of the NMI, its documentation of the crimes and identification of the The initiate prosecutions. organs to state the of reluctance Czechoslovakia and the of split the after developments political the to due justice criminal of pursuit the in Office of 553/2002) Slovakthe Republic.” claims (§8, Morbacher Slovakia lagsbehind that General’s Attorney the with in cooperation crimes], other and crimes communist crimes, “make motions for criminal prosecution of crimes and criminal offenses under §1 [Nazi Criminal 4.2.3 justice NMI grantedthispersons.to 289 statute the 2010, of end the Until benefits. social increased to holder its entitles also it but symbolic, totheanti-communistrelated 219/2006) Thisresistance.”is statute (§6,primarily also reasons other or religious for political, authorities communist the against resistance active illegallyhis interned for or forcibly camps,labor abducted forced [persons] assignment to freedom political tothe granted limitedby imprisonment, was whose“personal prisoners special category of a resister Until endthe was of 2010, such granted a status to 371individuals. – the veteran freedom and democracy. of restoration focused on activity anti-communist other carried out of anti-communist illegal members political foreign organizations, prisoners, anti-communist resistance of or resistance.of members either whowere persons the is to awarded status This resistance. communist Such a statuslaw basedmember on the anti- on resistance of anti-communist the status for the granting is Acknowledgement of the victims 4.2.2 Amendment 58/2009 The law on anti-communist resistance was amended in2009 wasamended resistance The lawon anti-communist acceptSince responsibilityis the 2006,it institute’s and the applications to evaluate Based on the law on memory of the nation, one of the tasks of the institute is to 51 29 . This change created as created . This change CEU eTD Collection body which appointed whichhim states that “memberonly of the Board of Directorson shallcondition be allowed to be withdrawn by the term each for the is bythe independence 6 years.Theadministrative of provision, secured that he has been validlythe parliament,sentenced or bothfails members. Thechairof President president and board(the the institute) the of 4members areelectedby to of the republic is executive itNMI and authority of country. highest has The thethe the Board of Directors 9 and the Government haveadministrative both andfinancial noindependence, matter what the political situation in nominate two members Independence of 4.3 the NMI (Morbacher 2011,149) courts.” bytheSlovak neverbe punished crimes]will the likely very isthat cases, [it inindividual “[D]espite commenced of prosecutions the crimesthe statute-barred. were more between most crimesyears of than committed 1989, 1948 and passedandtherefore 20 on limitation of statute the lifted regime communist the of immorality on law the Although states that the cases submitted by the NMI are not tobe qualified as crimes against humanity. and ofmurders. werealsodocumentations these in 2009 cases were submitted lasttwo The crimes. for these limitation of is there nostatute factthat the to humanity, due against crimes as classify these cases to tried NMI The Office. at the borders by the membersattorney’s in decision quoted Annual 2008,Report 20)In 2008, casesthe of 42murdersthe of Border Patrol usedinvestigators any of kind physical violenceforced her or toconfess.” of (reasoning the were submitted to thethe defendant“in neitherAttorney of her testimonies, nor in the any written statements General’s stated that the factthat tothe wassuspendeddue latter whilethe open, casesarestill three first The torture. In beto order ableperform to its impartially, istasks it essential institutionfor any to which local offices, attorney for aregulation prepared Office General’s The Attorney First four submissions were presented in 2007 – three cases of murder and one case of 52 CEU eTD Collection budget. secured, since onthefinancial isnot from independence theNMIdepends state subsidies the financial The months.” (§12,553/2002) least six of at period his forthe execute office 53 CEU eTD Collection which resulted inwhich resulted needforthem the participate into political the life. somelack by to of extentdeterminedunder political thethe communist opposition regime, in was theSlovak politics of elites body old the The continual dramatically.presence changed symbolic realm. The reason for this was the fact that elite configuration in the main legislative the in only remained however which regime, communist the of immorality on law the exclusive measuresthe –such all. applied– werenot lustration at as was Theonly exception silence” whenitcomes todealingThe with legislation past. was notrepealed,but the existing political birth life,the independence brought Slovak for of the “beginning Republic and of and the legislation and legislation passedin the establishedthebasis this forperiod Slovakjustice. transitional federation whole the for valid were mechanisms These adopted. – was justice criminal limited range of justicetransitional mechanisms –including lustration, reparatory justice and very awide Therefore dominate politics. the to newelites the of andability regimethe change still confined within federation the common frameworkand itwas affected byboth type of phase was first The aswell. varies past the dealing with towards approach the therefore and is different constraints analyzed the of interplay the which under phases, distinct three into them. whatfunctions does the Nation’s Institute of Memory have and how was itable to perform inMoreover,I wasinterested what finding thisjustifications for 2002. were out change, the in thesilence” of “breaking for the reason was the what answer question the to and Slovakia Conclusion The second phase, characterized by the domination of Me Vladimír of by domination the characterized The secondphase, The analysis of dynamics the itisshowed that crucial divide to the Slovak transition The purpose of this thesis was to analyse the dynamics of transitional justice in 54 þ iar in Slovak the CEU eTD Collection other even later than the Slovak one (The Institute for the Study of Totalitarian Regimes in Regimes Totalitarian of Study for the Institute (The one Slovak the than later even other in while Germany), 1990 in October established records for Stasi the Commissioner Federal some of them were establishedinstitutions post-communist inother countries. Especially intoaccount thefact,taking that straight after the regimeit would change be (suchinteresting as the Agency ofto thecompare itsresistance. members of anti-communist functions and thebe individuals numberthe qualified as of are eligiblewhich islimited dueto who primarily to results of their results and itactivityis unlikely that it ever will. The last function is acknowledgement of the victims, with thesebring function not initiation any Officeand did Attoreny’s General criminal of prosecutions the with cooperation The society. the within aresponse create able was to collaborators) police of secret the list (in particular information certain of the publication effectively; publishing a detailedhistorical record of past abuses. This function appears to be performed law. of and bythe drafters supporters because asinsubstantial the they account, were perceived into weretaken Noneof reservations opposition the dissidents. byformer was prepared declassification of the secret authorities’ files was fueled by normative justifications – the law Slovakia.affected pursuitjusticethe of in independent transitional the itcan Therefore Institute. elitebewas thekeyvariable, configuration concluded which that breaking of silence in resulted2002, which in the establishment of Nation’sthe Memory the to led developments These forces. parliamentary the of with fragmentation favourable growing the more even made were pursuit justice transitional for conditions The turnover. Since the Nation’s Memory Institute is not the only institute of memory in the region, inthe memory of institute only the isnot Institute Memory Nation’s the Since and –creating revelation truth tothe is connected theinstitute function of The primary inAs institute, my I showed as theanalysis, establishment of well the as The third phasebroughtarapid change,which was primarily a resultof elite complete 55 CEU eTD Collection picture of how it was reflected in the position and functions of the institutes ofmemory. institutes the of andfunctions position inthe itwas reflected how of picture countries were completely different andCzech Republic, which wassuch established in 2007). The dynamicscomparative of transitional justice in those analysis would provide a complex 56 CEU eTD Collection Norman: University of Oklahoma Press, 1991 Huntington, Samuel Samuel Huntington, P. 1991. European Politicssince1989 Harris, Erika. 2010.“Slovakia since1989”in: P.Ramet Sabrina (ed), Ashgate,Aldershot: 2002 Harris Erika. 2002. http://www.goethe.de/ges/pok/prj/usv/svg/sk7612920.htm with ine.V.August Communistthe Goethe pastInstitut 2010. Slovakia] Gula, Marián. 2010. Civil Conflict after In Issues.” and Normative Conceptual Some the“ThePractice Past: Dealing with Forsberg, of and 2003. Philosophy Tuomas. Press, 2006 Violations.“ In: de Greiff (ed.), “Repairingde Greiff,for Compensation Pablo. the 2006. VictimsPast: Human of Rights Cambridge, UK: University Cambridge Press. Jon Elster, (2004). theShipatSea. Societies. Rebuilding K. 1998. Jon, ClausElster, Ulrich Offeand Preuss. Slon. Praha: democracy] Benoit, Kenneth and Michael 2006. Laver. Michael Benoit, Kenneth and List Reference Dvo Responsibility. Dimitrijevic, Nenad. 2011. Effects”, Baghdad:“From David, Lustration Systems Their Roman.Prague to and 2006. Political Communism In “Czechoslovakia.” 1996. Miloš. 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Notre Dame:A. , ed.Notre J.McAdam, University 1-25. of Notre þ iny iny na komunismu Slovensku.” [Communistin crimes Ivo Banac, 96-116. Ithaca -London:Ivo Banac,96-116. Cornell University Ĥ . [Criminal in . [Criminal the Communistdealing with past . Ĥ 58 . Sborník z conference mezinárodní . Sborník Coming ToTerms With thePast: Strategic Problems ofDemocraticTransition and Sekcia vedeckéhovýskumu Ģ , Vol. 29. No. 1. p. 1-24 Národa, Vol. 3(2008) . http://citation.allacademic.com/meta/ Ĝ í Valdhans.Brno: Masarykova Transitional JusticeTransitional andthe Ģ aní. [On our past, state . [Department of , 147-153. Baltimore: Ģ . New ou na Post- Dny . CEU eTD Collection Union: Reckoning withUnion: Reckoning thecommunistpast. (ed.), Stan Lavinia justice“ In: Lavinia.Stan, 2009.“Introduction.justice, Post-communist transition, and transitional 17.05.2012] http://www.sme.sk/c/6345210/estebak-nunuk-u-jahnatka-skoncil.html [Accessed 19.04.2012, not goingSME 2002.“Lorencbol väzeniaodsúdený, ale do nepôjde.” [Lorencis wassentenced,but he to prison] 15.05.2012] [Accessed alojza-lorenca-sa-vlecie-uz-desat-rokov.html In party] In hishurtto [Hurnýnot in neublížil resigns strane.” order SME 2005.“Hurný aby odstupuje, 05.2012] 15. odsudeny-ale-do-vazenia-nepojde.html [Accessed for tenyears]lingers In SME 2012.“Eštebák 2012] [Accessed 17.05. neublizil-strane.html SME 2001. “Prípad Alojza Lorenca sa vle “PrípadAlojzasa SME 2001. Lorenca 1989 Rosenberg, 1996. Tina. Cambridge: M. I. T. Press, 1997 Rybá VintageYourk: Edition. Books Offe, 1997. Claus. Cambridge University 2012(forthcoming)Press, Transitional Justice Encyclopedia of (Slovakia).” forin National Národa “Institute Nedelsky,Pamäti Memory/Ústav 2012. Nadya. communist past, SovietTransitionalformer JusticeinEastern Union:ReckoningwithEurope and the the In: Republics.” andSlovak Czech andthe “Czechoslovakia 2009. Nadya. Nedelsky, andSlovakia Czech Republic Nedelsky,Nadya. 2004. Europe Nalepa, Monika. 2010. Musil, Jiri. 1995. Vol.Národa, 4(2007) pozme Morbacher, . [Between the state and society. Political parties in Slovakia after 1989] Bratislava, 2011 Ĝ , Marek. 2011. , Marek. Ė . Cambridge: Cambridge University Press. ovanie záznamovvregistra Sme ď ubomír 2007. Jerguš Sivoš. and [online] 04.01.2005, http://www.sme.sk/c/1876963/hurny-odstupuje-aby- [online] 04.01.2005, ed. Lavinia New Stan, 37-75. York: Routledge. The endofCzechoslovakia Varieties ofTransition Medzi štátoma spolo ĕXĖ The HauntedLand:FacingEurope'sGhosts Communism After Sme Divergenta Common Responsesto Justice past:Transitional inthe Skeletons in the Closet: TransitionalJusticeSkeletons intheCloset: inPost-Communist Sme uk u Jahnátka skon uk uJahnátka . Theory and Society, Vol. 33, No. 1 (Feb., 2004), 65-115 [online] 25.04.2002, http://www.sme.sk/c/524719/lorenc-bol- [online] 25.04.2002, [online] 17. 10. [online] 17. 2001, http://www.sme.sk/c/135135/pripad- Transitional Soviet JusticeinEasternEurope and theformer þ , ed. by and , ed.LaviniaCambridge, Stan Nadya Nedelski, ných protokoloch KS ných ZNB S-ŠtBBratislava . The EastEuropeanandGerman Experience Routledge, 2009 þ . Budapest : CEU Press, 1995 þ ie uždesa nos 59 þ il.” [Agent Agentúrna sie Ģ ou. Politické strany na Slovensku po roku po SlovenskuPolitické stranyna ou. Ģ rokov.” [The case of caseAlojz [The Lorenc of rokov.” ĕXĖ Ģ XII. správy ZNB.Pokusyo XII. uk resigns] In Sme [online] . Pamä . New Ģ . CEU eTD Collection ý majetku Komunistickej strany o navrátení 16.novembra1990 zákonzo 496/1990. Ústavný Slovak Federal Republic Assembly Czech and Federal injustices] of mitigation [Act on certain of property-related 403/1990. Zákon z 2. zmierneníoktóbra 1990o následkov niektorých majetkových krívd. Slovak Federal Republic and Federal of Assembly Czech and property of orders congregations] relations religious a kongregácií a arcibiskupstva olomouckého. [Act on the modification of some of the usporiadaní majetkových vz majetkových usporiadaní Zákonné 211/1990. Slovenskej národnej opatrenie Predsedníctva z 29.májarady 1990o Federal Assembly Czech of and Slovak Federal Republic 119/1990. Zákon z 23.aprílasúdnej 1990o on judicialrehabilitácii. [Act rehabilitation] Primary documents Volume I:GeneralConsiderations In Constraints.”, Political and Applicable Principles Governments: Zalaquett, Jose. 1995. “Confronting Human Rights Violations by Committed Former February 2005, 22-43 Central Europe:A“Post-communist Politics” Approach Fowler.Brigid 2005. Szczerbiak, and Aleks Kieran, Williams, 1990 Experiences after Welsh, HelgaA. 1996. Teitel, Ruti G. 2004. 298/1990. Zákon z 19.júlaúprave 1990o niektorých vz majetkových Slovak Church] National Council Orthodox and Catholic Greek the between relations property of settlement the Teitel, Ruti G. 2000. 16, 69-94 Mesežnikov andO democracy] In: new standard democracy:from tothe deviant to of Slovakia [The road demokracii.“ Szomolányi,So democracy] Bratislava: Stimul , 1999 Stan, Lavinia.Stan, 2011. Szomolányi, So Communist Studies 44(2011),319–327 esko-Slovenska esko-Slovenska Ė Ė a. 2004. “Cesta Slovenska k demokracii: od „devianta“ “Cesta Slovenska„devianta“ novej od a. 2004. k štandardnej kdemokracii: Đ Slovensko: Desa a. 1999. Đ udu ga Gyárfášová, 9-24.Bratislava: for Institute public affairs. Transitional Justice Transitional Justice Genealogy Vigilante justice in post-communist Europe Vigilante justiceinpost-communist . Europe-Asia48, No.3 Vol. Studies, (May, 413-428 1996), ý eskej a Slovenskej Federatívnej Republiky. [Act on on of return the Republiky.[Act the Federatívnej aSlovenskej eskej Dealing with theCommunist past:Central andEastEuropean Ģ .Đ ahov medzi gréckokatolíckou apravoslávnou medzicirkvou. [Actahov on gréckokatolíckou ukatá cesta Slovenska kdemokracii ukatá cestaSlovenska , ed. Neil J. Kritz, 3-31. Washington: US Institute of Peace. Ģ rokov samostatnosti rokov samostatnosti a rokreforiem . Oxford :Oxford University Press. 60 . Harvard Human Rights Journal, Vol. . Democratization, Vol. 12. No. 1, Explaining Lustrationin . Communist and Post- and Communist . Ģ ahov rehoahov . [Winding road to [Winding road . Transitional Justice. , ed. Grigorij Đ ných rádov CEU eTD Collection and 1954]National Council Slovakof Republic labor years campsin between 1948 forced individuals military the the placed to contribution pozostalým manželkám po týchto osobách. [Act on provision of osobám one-timezaradeným v 1948 až rokoch 1954 dovojenských nútených táborov prác a financial 726/2004. Zákonz1. decembraposkytnutí 2004o jednorazovéhope of Council Slovak Republic National nation)] the of memory on (law acts some to amendments and Institute security establishmentof Nation’s between1939-1989 andthe state the Memory authorities of theactivities on of documents the thedeclassification on [Act národa). opamäti (zákon a niektorých zákonov o doplnení národa 1939-1989a zložiek Ústavu pamäti o založení štátu 553/2002. Zákon z 19. augusta 2002 o sprístupnení dokumentov o sprístupnení dokumentov 2002o Zákon z 553/2002. 19.augusta Council of RepublicSlovak väz 462/2002. Zákon z 9. júla 2002 o poskytnutí jednorazového finan jednorazovéhoposkytnutí júla 2002o 462/2002. Zákonz9. of domestic National Republic Council Slovak resistance] odboja vrokoch 1939 –1945.[Act premiumfor one-timethe financial on membersof the príslušníkom príslušníkom 105/2002. Zákon z 31.januára 2002oposkytnutí jednorazovéhofinan Council of RepublicSlovak camps]National Nazi camps and prison deported to concentration those to wrongdoings the nacistických koncentra 305/1999. Zákon z 3. novembra 1999ozmiernení niektorých krívd osobám deportovaným do Slovak of Council Republic National system] communist the of illegality and immorality the on [Act komunistického systému.nemorálnosti aprotiprávnosti marca125/1996. Zákon 1996o z 27. Federal Assembly Czech of and Slovak Federal Republic 480/1991. Zákon z 13.novembradobe neslobody. 1991o on [Act periodof the oppression] Republic] Assembly of Federal andCzech Federal Slovak Republic of organizations Czech the Republic, Federal Republic Czech Slovak and Slovak the and bodies and instate functions certain of performance the for conditions additional Federatívnej Federatívnej Republiky, výkon niektorých funkcií va štátnych orgánoch organizáciách 451/1991. Zákon zo 4. októbra 1991, ktorým niektoré ustanovujúoktóbra 1991,ktorým 451/1991. Zákonzosa 4. agricultural Assembly Federal property] Czech andof Federal Slovak Republic po 229/1991. Zákon z 21. májaZákon z 229/1991. vz21. 1991oúprave vlastníckych rehabilitation] Federal Assembly of Czech and Slovak Federal Republic 87/1991. Zákon mimosúdnychz 21.februára on extrajudicial rehabilitáciách. 1991o [Act Federal Federal Republic] Assembly Czech and of Slovak Federal Republic assets of the Communist Party of Czechoslovakia to the people of the Czech and Slovak Đ Ė nohospodárskemumajetku. [Actonmodification of of land ownership the andother om. [Act on one time financial premium provision for political prisoners] National prisoners] political for provision premium financial time one on [Act om. þ eskoslovenských zahrani þ ných táborov a zajateckých táborov. [Act on the mitigation of some of ý eskej republiky a Slovenskej republiky. [Act establishing certain republiky. [Act aSlovenskej eskej republiky þ ných spojeneckých armád,alebo domáceho akoaj 61 þ ného politickým príspevku Ģ ahov ainémuahov k pôde þ innosti bezpe ć ý alšie na predpoklady eskej aSlovenskej eskej Ė ažného príspevku ažného þ néhopríspevku þ nostných CEU eTD Collection 10.07.2002 [online] http://www.nrsr.sk/web/Default.aspx?sid=schodze/hlasovanie/hlasklub&ID=10759 number Session 556. 2002a.National Republic Vote, 61, Vote Vote Council of Slovak [Ruling of Presidentthe of Republicthe onthe veto of lawthe from July 29, 2002] Ruling 2002.Rozhodnutie prezidenta Slovenskej republiky z 29.júla 2002ovrátení zákona. Federal Republic Ruling from November 26,1992] 1992 dnesp. Zn. 26.listopadu ÚS 1/1992.[Constitutional courtof Czech and Pl. Slovak Pl. US 1/1992. NálezPl. Ústavníhosoudu US1/1992. nation) the of memory establishment on security documents 1989andthe between activitiesauthorities the 1939 - of the state Memorandum 553/2002Acton the Memorandum 2002. Explanatory declassification the to of of the [Accessed 20.04.2012] http://www.nrsr.sk/dl/Browser/Document?documentId=92095 Nation’s report of 20.8.2002] 63rdsession the National of Council of Republic, 19.- Slovak o správa Stenogragická 2002b. Debate 20.8.2002. [Stenographic - 19. MemoryNRSR, 63. schôdzi Institute[Accessed 20.04.2012] session, 09.07.2002], and 2002a. Debate amendmentsBratislava, 2011 to some acts (law on Annual Report 2010.Annual Výro Report Bratislava, 2010 Annual Report 2009.Annual Výro Report Bratislava, 2009 Annual Report 2008.Annual Výro Report Bratislava, April 2008 Annual Report 2007.Annual Výro Report Bratislava, April 2007 Annual Report 2006.Annual Výro Report Bratislava, April 2006 Annual Report 2005.Annual Výro Report Bratislava, April 2005 Annual Report 2004.Annual Výro Report Bratislava, May 2004 Annual Report 2003.Annual Výro Report of Republicresistance] National Council Slovak 219/2006. Zákon zo16.marca protikomunistickom 2006o odboji. on anti-communist [Act Autorizovaná rozprava, 61. schôdza, 9. 7. 2002. [Authorized debate, 61 2002. [Authorized debate, 9. 7. schôdza, Autorizovaná 61. rozprava, þ þ þ þ þ þ þ þ ná správao ná správao ná správao ná správao ná správao ná správao ná správao ná správao http://www.nrsr.sk/dl/Browser/Document?documentId=181557 ý eské a Slovenské Federativní Federativní Republiky (pléna)eské aSlovenské ze þ þ þ þ þ þ þ þ 62 innosti Pamäti zarok 2010. Ústavu Národa innosti Pamäti zarok 2009. Ústavu Národa innosti Pamäti zarok 2008. Ústavu Národa innosti Pamäti zarok 2007. Ústavu Národa innosti Pamäti zarok 2006. Ústavu Národa innosti Pamäti zarok 2005. Ústavu Národa innosti Pamäti zarok 2004. Ústavu Národa innosti Pamäti zarok 2003. Ústavu Národa CEU eTD Collection 2002 19.08. http://www.nrsr.sk/web/Default.aspx?sid=schodze/hlasovanie/hlasklub&ID=10907 2002b.Vote National Council of numberSession RepublicVote, Slovak 57.[online]63, Vote 63