The Regional Prosecutor’s Office in Bratislava filed charges against the head of the police for the crime of abuse of power by a public official in parallel with the crime of obstructing justice on 26 August. This follows from the resolution on the indictment, which was signed by prosecutor Juraj Chylo.
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The action, in which three people were to be detained – Csaba Dömötör, Matej Zeman and Petr Petrov – took place on 20 June. Kovařík stopped her for about an hour and a half at his command. The intervention unit detained only Csaba Dömötör. The resolution does not include the statement of Petr Kovařík, who says that Santusová acted illegally.
Kovařík was to commit two crimes
Based on the evidence performed so far, the prosecutor stated that Kovařík had committed both of the above-mentioned criminal offenses. ‘In the light of the abovementioned rules, I am of the opinion (…) that the accused has fulfilled the facts of the offenses both objectively and subjectively (…) when, as a public official, he intends to give an undue advantage to another, to conceal or facilitate another criminal offense, exercises his authority in a manner contrary to the law and at the same time maril in criminal proceedings and preventing the taking of evidence. “ the prosecutor stated.
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The prosecutor is mainly based on the statement of Diana Santusová, who was the head of a specialized topic at the Office of the Inspection Service. Several members of the team, the director of the Directorate of the Border and Alien Police Office (RÚHCP), the head of the Mobile Intervention Unit (MZJ), the commander of the MZJ intervention, members of the intervention team and others were also heard and documentary evidence and others were submitted. The prosecutor in the previous proceedings did not find any legally relevant fact or other event at the time of the intervention, “Which would justify the identified procedure of the Police President”. He faces one to ten years for these acts if convicted.
Kovařík was to find out information a few days in advance and also during the holidays
The intervention took place on July 20, but according to the resolution, Kovařík was to find out information about the deployment of intervention units for ÚIS four days before “Without a relevant official reason at the regional directors of PZ within the Slovak Republic”. According to the prosecutor, it was a governing act without a legally relevant reason. This fact was confirmed in their statements by witnesses, but also regional directors of PZ in Trnava, Bratislava, Nitra, Trenčín, Banská Bystrica and Žilina.
“They stated (directors of KR PZ, ed. Note) that they did not know anything to say directly about the act, but they unanimously stated that from 16 July 2021 the president of PZ found out by phone the deployment of their own PPU (police emergency services, ed. Note). .) for the needs of ÚIS, while on July 20, 2021 he banned the deployment of PPU for the needs of ÚIS without its explicit consent, “ it is written in a resolution, which also includes Kovařík’s holiday ticket. Kovařík interrupted the intervention with his phone call, despite the fact that he had been on leave since July 17.
They looked at Zeman, but they couldn’t stop him
The police president was to suspend the operation about 20 minutes after the arrest of Csaba Dömötör. To detain the three suspects, two teams were formed – Alfa and Bravo. According to Santus, it was not possible to create three teams due to the understaffing. The first team in which Santus was also detained Dömötöra near his residence shortly before eight. However, the second team could not continue working. After a call from the field president, the action was canceled shortly after eight o’clock, and the statement of the director of MZJ RHCP Sobrance shows that the unit should have returned to Sobraniec immediately.
However, Santus did not end the event, everyone was waiting for what would happen next, and due to the number of team members, it was not possible to continue the detention or continue the procedural actions with the detained Dömötör. But while they waited to see what would happen, Zeman literally escaped their fingers. He was moving at the time of the interruption of the action, he was moving home, but no one could intervene. “Despite this knowledge, however, they could not intervene and detain the accused without the cooperation of the mobile intervention unit,” Santus said in her statement. Zeman has not been detained to this day. Petrov was in search and NAKA detained him later in mid-August.
The day after the event, he changed his instructions
In her statement, Santusová further stated that the Police President additionally (the day after the event) initiated an urgent amendment to the instruction of the Border and Alien Police Office (ÚHCP).
Original sentence in the instruction: “Designated police officers may also be deployed under a single command at the request of the PZ unit outside the remit of the directorate.”
The sentence should be replaced as follows: “The request for the deployment of designated police officers must be approved by the director or a representative of the department requesting the deployment.” Also according to the resolution, the instruction was to be supplemented by a sentence: “For other departments that are not within the competence of the Vice-President of the PZ, the Director of the Office decides with the consent of the President of the PZ, in his absence the 1st Deputy Director of the Department decides with the consent of the President of the PZ.”
“These other departments certainly include the ÚIS and the NAKA, in this way the police president has secured a system with the help of which he will always know about every single police action of the ÚIS, ie inspections,” it is written in the part of Santus’ statement. According to her, Kovařík should have verbally instructed the regional directors of the PZ that every deployment of the intervention unit would be approved by him and not by the regional director.
The fact that the instruction was changed was also confirmed by the director of the ÚHCP, Robert Gucký, to whom Kovařík was to give this instruction. “The President of the PZ subsequently instructed the witness to revise the instruction of the Director of ÚCHP on the activities of the MZJ, where he imposed the obligation to redesign the part which regulates the deployment of the intervention group for the needs of ÚHCP and other parts of PZ. This change concerned in particular the approval of the deployment of the intervention group, when the approval clauses of the director of ÚHCP and the president of PZ were added, “ Gucký said in his statement.
Bald and rough-necked …
Shortly after the interruption of the event, Santus and other members noticed that suspects and cars were moving at the scene. “During the duration of the PZ president’s instruction to stop the activities of the mobile intervention unit for the ÚIS investigation team, suspicious vehicles of interest began to move around the PZ members at the given place in Petržalka,” Santus said in her statement. Among them was the vehicle of Matej Zeman’s wife, she had to walk around the place very slowly, watching the situation and people on the spot.
Other suspicious vehicles were moving around the place. “It has been reported by several PZ members that in these vehicles there are ‘neckless’ men with pockets crossed across the chest as they carry firearms, and they also moved around very slowly and monitored the situation, vehicles and people in given place, “ it is written in the resolution. Santus was frightened, worried about the safety of the team members.
A member of the mobile intervention unit, Tibor Ješo, stated that he felt as if one of the drivers passing by was filming them on camera. He noticed a Porsche car used by Zeman and his wife and a black Mercedes that had been there before Dömötör was arrested. “Consequently, they increased their caution towards the members of the investigation team and the detainee,” stated. They were to be followed by various “bald people”.
Kovařík acted biased in order to divulge this information to unauthorized persons
Many agreed that no such event had ever taken place so that the unit’s activities would be interrupted, resp. stopped. Whenever in doubt, the situation is resolved only after the intervention, not during it. No one could explain the act of the police president, no reasons were known. The police chief met for the first time.
In her statement, Santusová indicated that she had a reasonable suspicion that Kovařík was not acting impartially but biased, had operational information and met with and consulted with the suspects and consulted with them in order to help them avoid prosecution. “It follows from the acts performed under Title V of the Criminal Procedure Code in another criminal case that the accused did so without any relevant official reason in order to divulge this information to unauthorized persons, thus enabling him to avoid criminal liability, resp. stopping such intervention, “ the prosecutor stated.
One of the members of the specialized team also stated the reason for choosing the intervention unit from Sobraniec. ÚIS does not have its own intervention unit and therefore uses regular police intervention units. “As they had some information that the usual intervention units from the regional directorates of PZ could have some connection to suspicious members of PZ or could learn about the planned action for ÚIS, it was necessary to eliminate this risk and look for an intervention unit about which they had information that information would not leak through it, “ stated in his resignation.