Even in Another Story of the Case Gorila There Still Has Not Been Any Shift Yet
We were investigating how the Police and the Prosecution Service have advanced in the investigations related to suspicions based on the file Gorilla concerning the alleged payments of commissions to Jirko Malchárek as Minister of Economy.
In the Gorilla file it is stipulated: “According to Haščák´s preliminary calculations Malchárek in the position of the Minister of Economy so far earned 329 million crowns.“ (6th January 2015, meeting of Haščák and Malchárek). On the meeting held 8th January 2006 Haščák and Malchárek were reportedly discussing also about the issue how to legalize money: „ Malchárek was asking Haščák about a foreign and a national company (system of laundering of Malchárek´s commissions). Malchárek asks whether he should found together with Zoltán Varga a national company. Haščák says him to let it be that he will arrange it in two month. In the foreign company Malchárek holds so far 102 million crowns in cash.” Pursuant to Gorilla file Haščák and Malchárek talked also about the composition of statutory bodies of the domestic company- a joint stock company: „Haščák says that according to law it is possible to have on the board one person. They can put there Zoltán Varga.”
According to the most recent findings of our cooperating investigative journalist Marek Vagovič former Minister of Economy Jirko Malchárek received after he left politics a generous reward of 34 million crowns. He received money from the company HM INVEST, a joint stock company, where the chairman of the board is Zoltán Varga. Company was supposedly created less than two months after the moment when according to the file Gorilla J. Haščák and J. Malchárek were speaking about the establishment of a front company. According to the findings of Marek Vagovič there exist various connections between the financial group Penta and the company HM INVEST.
In respect to above mentioned part of the file we were investigating in the Ministry of Interior of the Slovak Republic and in Special Prosecution Service several facts concerning the proceedings of the Police and of the Prosecution Service during the investigation. Both authorities refused to answer the majority of those questions which were more detailed. From the information they however decided to provide us follows:
In the context of above mentioned part of the file Gorilla, which our questions were related to, there has been one criminal prosecution in process initiated by a resolution from day 9th January 2012. In the answer of the Special Prosecutor Dušan Kováčik from day 30th November 2015 to our information request he states that according to the resolution on initiation of criminal proceeding from 9 January 2012, “in the present case proceedings have been lead on the basis of facts, that hitherto unknown perpetrators in the period at the latest from year 2005 until not precisely defined time but at least during the year 2006, from the initiative of persons active in companies of one of the financial groups, with the purpose of illegal enrichment and large-scale financial benefit, established a criminal group which was carrying out an illegal activity, namely their occupation was to corrupt high-ranking public authorities from the Government of the Slovak Republic, from the Fond of National Property and from the Police Corps of the Slovak Republic and equally to corrupt members of supervisory and executive boards of various State companies in relation to the privatization of those State companies, which procured to the criminal group and to its members a significant financial benefit.”
According to the answer of the Ministry of Interior of the Slovak Republic to the information request of VIA IURIS, in relation to the above mentioned part of file Gorilla “for the moment these allegations were not attributed to any particular individual, which means that law enforcement authorities did not present charges against any criminally responsible entity”.
Special Prosecutor also refused to provide us the information on securing the key evidence, i.e. arrangement/ organization of legal aid from Cyprus. On the basis of this information it should be found out who is behind the companies in Cyprus which established the company HM INVEST and put into it more than 300 million crowns. Two years ago investigators asked D. Kováčík to procure these legal aids. Kováčik sent the request to Cypriot authorities only one year after. He still refuses to inform even on the fact whether he at least received an answer from Cyprus.
On the basis of the above mentioned facts it can be concluded that after almost four years after the revelation of the file Gorilla and the initiation of criminal prosecution in January 2012, there has been no visible shift in the investigation. Nobody was charged and Special Prosecutor refuses to inform the public.
VIA IURIS also in this case will present a motion to the General Prosecution to review the legality of the proceedings of the Special Prosecutor. Proceeding of the authorities responsible for investigation has stayed long time without any response. The current strategy has not led after nearly four years to any further procedural step in the framework of the criminal proceedings (i.e.. the resolution on pressing charges or termination of the criminal prosecution). VIA IURIS together with other organizations Nadácia Pontis (Pontis Foundation), Nadácia Zastavme korupciu (Foundation Let´s stop the corruption) and Inštitút pre dobre spravovanú spoločnosť (Slovak Governance Institute) enforce in a common campaign “Chinking for change” systemic measures also in respect to the Prosecution Service. The latter did not undergo any essential reform process for last 25 years. We are convinced that Prosecution service requires the presence of elements of public control in order to prevent serious cases of being swept under the carpet.
Project is supported by Think Tank Fund, Open Society Foundation.