Ondrej Krajňák – Ondrej Krajňák – ChairChairmanman of the Board of of the Board of DirectorsDirectors

Nation´s Memory Institute /NMI/, Bratislava, Nation´s Memory Institute /NMI/, Bratislava, SlovakiaSlovakia

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SVU NY, Sept 16, 2015Bohemian National HallNew York

A: The first pillar concerns the importance of opening the archives of the former communist security apparatus in terms of mision of Nation´s Memory Institute.

B: The second pillar concerns the accompanying effects and consequences arising from the opening of the archives, which are characteristic for Slovakia, and I believe that for other post-communist countries of Europe are similar, too.

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SVU NY , Sept 16, 2015

A2: Relativized truth about our past

Since the fall of the Iron Curtain have passed 25 years.

11 years have passed since the founding of the Nation´s Memory Institute and publication of archives of the former State Security. Nevertheless, more and more is significant relativized truth about our past.

This year the Slovak media published open criticism of the Nation´s Memory Institute against creation of the memorial to the former leader of the Communist Party of Czechoslovakia, Vasil Bilak, who was the leading representative of the Communist Party actively participated in the invitation and the subsequent invasion of Warsaw Pact troops in August 1968 in Czechoslovakia. In his native village municipality builded-up his memorial, because he financed there creation of the new cultural house in the communism era. Similar it would be, if people of Hitler´s native village would build for him statue, because he builded-up new high ways in Germany. Anti-Communist activist painted this memorial statue in red color, which was symbolic for the blood of the communist victims.

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A2: Relativized truth about our past

For this offense there were filled two prosecutions. One lodged by a representative of the village for damage to property, for damaging busts of Vasil Bilak. Second handed by his opponents within the meaning of the Act no. 262 of 2011 law on the denial of the crimes of communism. In the first case it has been a criminal charge. In the second prosecution of denial of the crimes of communism we do not see much progress...

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Victims of totalitarian regimes in the years 1939-89

Clearing the totalitarian past mean restoring justice.

In Slovakia, opening the archives of the former security forces is moral satisfaction and especially for the victims of the former totalitarian regimes in the years 1939-89

At the time of the Second World War it was mainly the victims associated with the deportations of the Jewish population to concentration camps. At the end of the war, again they became victims of Slovak citizens deported to Soviet prison camps.

Since the Communists came to power in Czechoslovakia was recorded 250,000 political prisoners. Of these, 241 were executed, more than 600 people died during questioning by security forces. While escaping across the border were shot about 400 people. More than 8,000 people were sent to forced labor camps and about 5,000 young men were involuntarily found themselves in military Auxiliary Technical Battalions. During the "barbarous Night" in 1950 were 2,500 priests and monks expelled from the monasteries. All this has left in the history of our nation indelible stain.

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Importance and status of the archive of the Nation's Memory Institute

What we are allowed to disclose and method of access, or disclosure of documents of the former State Security...

„No wrongful act of the State against the citizens can be protected by secrecy nor may it be forgotten, because who does not know his past is condemned to repeat it.“

/ preamble of Slovak Law about Nation's Memory, Act 553/2002/

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Nation's Memory Institute and its contents

Nation's Memory Institute activities based on three pillars:

1. Archive

2. Research

3. Living memory – Oral History.

Archive is just one of the important pillars.

Archive of the Institute of National Remembrance belongs to the group of specialized public archives.

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Archive of the Nation's Memory Institute and its contents

Archive documents and documents originating from the activities of the security services of the period from the period 1939-1989, ie the period of the Slovak State and later communist Czechoslovakia.

Nation's Memory Institute under the Law on National Memory gradually took over from the national authorities of the Ministry of Interior, Ministry of Defence, Ministry of Justice and the Slovak Intelligence Service, as well as from individuals archival material at approximately 2,100 linear meters (bm), which represents 10,500 boxes. Operational and investigative writings constitute the most extensive set of secret police archives (about 62,000 files).

In addition to paper documents, there are 70,961 items in the archives microfiche, which primarily relate to the I. dpt. of Foreign Intelligence secret service.

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Archive of the Nation's Memory Institute and its contents

One of the basic registration of former State Security were so called „Registration agency protocols“ and „Operational ties of the State Security“, which contain records of nearly 20,000 individuals knowingly and unknowingly worked with the secret police.

In accordance with the implementation of the Act on PN 553/2002, published NMI registration protocols of the former State Security on its website, which immediately led to criticism and action directed against the NMI.

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Publication and disclosure of the documents of the State Secret police

Disclosed,preserved and reconstituted documents originated by the activity of State Security and other security authorities in the period from 18 April 1939 until 31 December 1989. Disclosure of the archives under the Law on National Memory (Z. 553/2002, § 6 )

In the initial phase of existence of NMI, documents were made available under the § 17 and 18 of the Nation´s Memory - one of the most important activities of the Institute.

Applicants like to find out information about themselves, the scope and details of the record secret police, or who specifically watched them.

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Disclosure of the archives under the Law on Archives

After completion of the legal analysis, management of NMI in 2007 decided to liberalize access to archives, and to continue to make available the documents of NMI in accordance with the Law on Archives and Registries (395/2002 Coll.) And the Law on Protection of Personal Data (122/2013 Coll. )

This decision allows complex use of public documents, including files of former security services.

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Disclosure registration protocols under the Law on National Memory Nation's Memory Act (§ 19) commands publication in print, electronic media or in

any documents (so called„Registration protocols“) and other documents of the State Security, lists the former State Security officers from the years 1939 to 1989.

Data on persons or objects with the date introduction bundle its kind, archiving movement and change. Disclosure of object files Main Directorate of Counterintelligence ZNB (First dpt.).

Transcription protocol of the Department of Internal Protection of the Penitentiary Forces and protocol files of persons registered as collaborators.

Access is also available in the reading room of the archive NMI.

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Clearing with the communist past mean restoring justice.

Without archives of the NMI we are struggling to prove who is guilty and who is the victim. The consequences of such a condition creates stresses.

On the side of the persecuted is a distrust of themselves, their surroundings and society. They gets feelings of frustration and helplessness life over to invoke the law and justice.

Conversely, on the side of the persecutors rises the feel of uprightness and correctness, they attempt to twist the facts of the past, downplaying, or relativisation of the truth about the crimes and practices of the former communist regime.

They appear signs of arrogance against former victims or attempted abuse of power and new opportunities in new forms.

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Political prisoners on the verge of society

Tolerating, or even acceptance of communist crimes unpunished in context truth about the past is closely linked to rapid transition of the company from socialism to predatory capitalism, without finished reforms that we have promised in November 1989.

After the November 1989 political destabilization or inexperience of the emerging Democrats were abused by staff reserve of the Communist Party and former communist tried to capture the political power and influence.

And despite the published so called „Cibulka´s list with the names of specific StB agents“, despite the uncovering of black spots of recent history, despite the efforts of the inexperienced democratically minded politicians, former communist began to aquire new voters.

Topics of coping with periods of oppression are pushed into the background the pursuit of economic reforms and struggle to maintain political influence.

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Cooperation with security authorities of the State

In connection with carrying out security checks NMI acts as an important partner of the state security authorities while in accordance with the laws relating to this area dealt with the requirements of the National Security Office, the Military Intelligence and the Slovak Intelligence Service.

Screening of high state officials are carried out every five years and the scope of such requests for national security only testifies to the importance of institutions and the need to keep the current NMI.

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Administration of incidents reported to the General Prosecutor's Office

From the law point of view, opening and disclosure of archives has a paramount importance.

In the past NMI filed with the General Prosecutor's Office (the GP) 43 penalty notice for the offense of killing people on the Slovak-Austrian border.

Although most of these cases GP incentives dismissed as time-barred ...

Authentic records in the Archives of the NMI suggest brutality of the communist regime.

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Legislation, litigation and case Babiš

In the legal agenda NMI uses the reconstruction of destroyed or shredded volumes as a guarantee authenticity preserved record.

The meaning of the Nation´Memory law 553/2002 act is required to publish a registration protocols members or secret police /ŠtB/ collaborators.

Publication of lists of ŠtB originated several lawsuits.

Under the relevant agenda Supreme Court on the basis sued paradoxically determined to the position of the defendant to the NMI.

Nation's Memory Institute is currently conducting 12 lawsuits to privacy.

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Legislation, litigation and case Babiš Witnessing these disputes become permanent staff of the former secret police – State

Security /ŠtB/, which generally deny legitimate records of their clients in the records of the State Security.

Based on the reconstructed volumes NMI proves their conscious cooperation of the applicants and, if there is unproven conscious cooperation, NMI shall bear all the consequences of a losing lawsuits.

It's the same as if the Warsaw Museum had to bear the consequences of the Warsaw Uprising. Under the spotlight of the media conducted two major litigation to protect personality. The first concerns Andrej Babiš, Czech minister, where court of first instance, based on the

witnesses – former State Security agents, decided that the secret police /ŠtB/registered him ilegally. NMI has appealed against a court decision, because under the research in archives were discovered a further twelve records about his cooperation in five different locations.

The second serious case concerns René Hudzovič which the Court acknowledged that the registration lists registered him as the State Security agent illegally.

Since NMI has a statutory obligation to publish a registration protocols and litigation is passive standing, Mr. Hudzovič calls from NMI damages of his good name. He is requesting € 1.3 million, which could mean in fact liquidation of NMI.

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Request of decreasing of pensions of the former employees of the State Security

In the legislative area, in the context of rehabilitation, or drafting a law on compensation of political prisoners preserved documents of the former security forces are of particular importance.

This year, NMI took the initiative to the parliament for adoption of the single compensation for former political prisoners. Funds for compensation for political prisoners should be covered by the service pensions of former members of the secret police.

To meet the proposed law to the life NMI needs to provide complete list of permanent employees of the former State Security and intensive cooperation with the security authorities of the State and also intensive international cooperation with archives of the security forces in the Czech Republic, which continues to have bundles of secret police, which have not been delimited yet.

The paradox remains that the archive of the NMI at the request of the Social Insurance issues confirmations for former StB agents, to get documents for the accreditation of service pensions.

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Last but not least...

In the context of dealing with the period of oppression is opening of the archives of the former security forces paramount.

But there were found some people, who were hurt by registers publication of the State Security protocols on the pages of the NMI.

I'm sorry, but through no fault of NMI, but due to the State Security – former ŠTB.

The paradox remains, that today passive standing NMI must bear the debit overheated lawsuits with former secret police agents, even if the disclosure of lists had commanded the law and these lists were produced by State Security - ŠtB.

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Clearing with the communist past mean restoring justice.

Unfortunately, after years it shows that thought a bold line in the past does not pay. It also shows that just is not enough to have the scientific evidence the crimes of the former regime alone or just opening the archives of the former security forces.

Hand in hand with these facts, there is need of awareness and education especially for the rising young generation.

For this reason, not by accident founder of the Nation´s Memory Institute Ján Langoš, in the preamble to the Act on NMI used the sentence of Edmund Burke:

„The one, who does not know his past is condemned to repeat it."

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ÚPN udeľuje Gabrielovi Levickémuďakovný list a pamätnú medailu

"Za osobnú účasť v boji proti komunistickému režimu a svedectvo života pre zachovanie živej pamäte". ... a dekrét o priznaní postavenia účastníka

protikomunistického postoja.

Podľa §11 odst.3 zákona č. 219/2006 Z.z. o protikomunistickom odboji v znení zákona č. 58/2009 Z.z

In New York City, September 16, 2015

Ondrej Krajňák – Ondrej Krajňák – ChairChairmanman of the Board of Directors of the Board of Directors

Nation´s Memory Institute /NMI/, New York, USANation´s Memory Institute /NMI/, New York, USA

krajnakkrajnak@@upn.gov.skupn.gov.sk

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