Politics
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Barbara Brezigar: Femme fatale? (Photo: BOBO)
Law and order
Minister versus Prosecutor
05.02.2010
The dispute between the State Prosecutor General Barbara Brezigar and Minister of Justice Aleš Zalar remains unresolved. The bone of contention? The draft of the instructions for the implementation of the State Prosecutor’s order that Minister Zalar has recently put forward but Barbara Brezigar and the prosecutors rejected.Last September, Minister of Justice Aleš Zalar imposed extraordinary judicial oversight on the Ljubljana District Prosecutor’s Office, which – according to the Ministry – revealed major irregularities. The Prosecutor’s Office responded that there were merely slight deficiencies, but certainly not severe mistakes.
The reason for the oversight was prosecutor’s handling of the proceedings against Finnish journalist Magnus Berglund in relation to the Patria defence scandal. At the beginning of last August, the Ministry of Justice asked the prosecution for explanations regarding the need to take action against the Finnish journalist, who had accused former Prime Minister Janez Janša of receiving a bribe in the 2006 Patria defence deal, especially since the prosecutor responsible for the case threw out Janša’s complaint against Berglund. However, the prosecution failed to provide the requested information; as a result, the Ministry started the oversight procedure. It suspected serious irregularities and also wanted to investigate the office’s handling of other cases.
When the oversight revealed major irregularities, the minister decided to introduce special instructions for the implementation of the state prosecutor’s order. At the same time, he stated that he would not require the dismissal of the State Prosecutor General, although his trust in her, he said, was severely shaken.
Facing Implementation
While the position of Barbara Brezigar seems to be safe at the moment, the opposition Slovenian Democratic Party (SDS) called for dismissal of Minister Zalar because of his alleged interference with the prosecution’s work. However, Prime Minister Borut Pahor asserts that the complaints were unfounded and that the minister has carried out its work in accordance with the law; he thus rejected the demand.
Dissatisfied, the SDS consequently threatened to file a motion to oust the minister of justice; while the party has not yet decided to actually do so, the initial reactions of other parties suggested that such a move was doomed to fail. The Social Democrats (SD), Liberal Democrats (LDS) and the party ZARES also support the minister, while a vote against him would also probably not be endorsed by National Party (SNS).
The whole situation is heavily burdened with two decades of separate if political backgrounds. While Minister Zalar belongs to the LDS, many see Brezigar as a judicial guardian angel of opposition leader Janez Janša.
Rebutted Minister
To cool down the overheated atmosphere, in the middle of January Aleš Zalar called a meeting with the heads of district prosecution offices over the instructions he intended to issue. However, the prosecutors failed to heed his request. Zalar termed their decision “a boycott of the rule of law.”
In return, Barbara Brezigar accused the minister of “...threatening prosecutors with yellow cards before exclusion” and continued by stating that it was important that politicians not interfere with the prosecution’s work and to accept the explanations and arguments given by prosecutors, who know their field.
Furthermore, according to Brezigar, “As a representative of the executive branch, [the minister] may not summon the heads of prosecutors, bypassing the Supreme Prosecutor’s Office.” She asserted that by doing so, Zalar had encroached upon the independence of state institutions.
The Ministry of Justice replied by stating that the decision of prosecutors would in no way affect the issuing of instructions ordered by the Minister.
Trying to bring about reconciliation, Minister Zalar gave prosecutors a chance to prepare their own opinions regarding the instructions and set a deadline to submit their propositions. However, Prosecutor Brezigar has asked the minister for an extension and simultaneously expressed both serious doubt whether she would be able to draw up their suggestions in time as well as hope that the ministry would not implement the instructions until the prosecutor’s office contributed its opinion. The Justice Ministry granted her request.