Posted by on 21 Aug 2012. Filed under Current Affairs, Top news. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Psychiatric Testing for Malinova; Persecution or Due Process?

The never-ending and highly controversial case surrounding Hedwiga Malinova Zakova has taken another crooked turn after a public prosecutor motioned to have her tested in a psychiatric unit.

The District Court in Nitra ruled that Hedwiga should not be subjected to such a test, but in the almost vendetta type case, prosecutor Jaroslav Kozolka has appealed the verdict. In the coming days the Regional Court in Nitra will rule over the appeal, with the Attorney General’s office saying the test is in order as Malinova-Zakova had refused earlier to speak to a psychiatrist as ordered by the court.

The case started around six years ago when Malinova (at the time) filed a criminal complaint that she had been beaten by a two men merely for speaking Hungarian. The case was blown out of proportion with interior minister Robert Kalinak contesting her claims as the procedures applied by the police were being put under question. She was then accused of contriving the whole situation and charged with false statement, with the charges still pending.

Now if some psychiatrist gives testimony that the young mother’s mental state is in question, this could support the state’s position in the twisted case. The grounds for the latest examination is that two psychiatrists judged Malinova to be suffering from post-traumatic stress disorder and depression in the wake of the attack, even though little else could be expected accounting for the events that had allegedly taken place.

Hedwiga Malinova-Zakova has since got married, had a child and published a book on the case, and in September 2011 Slovakia agreed before the European Court of Human Rights to extend an official apology to her in return for her recalling her lawsuit in Strasbourg and the waiver of any right to financial compensation. Interior minister Robert Kalinak said apologising to someone who had caused so much trouble for the Slovak Republic was absurd.

14 Comments for “Psychiatric Testing for Malinova; Persecution or Due Process?”

  1. Dave C.

    Another course of action Malinova and her legal council may like to explore, along with groups fighting for Roma rights, or anyone else fed up with Slovak non compliance with EU Law , Treaties and ECHR rulings, is submitting a complaint to the European Commision via the European Court of Justice under Articles 258/260 of the Treaty on the Functioning of the European Union (TFEU).
    If the ECJ finds in favour of the complaint the EC can impose financial sanctions on the state. One ruling against France resulted in an immediate lump sum fine of Euro 20 million with an addition fine of Euro 57 million for every six months it continued to “break the law” No payment is not an option as the ECJ can pile on more fines and “take acation to recover funds” which I presume means reducing or stopping EU finance. The aim of the fines are to impose economic and social pressure on the offending government to force compliance.
    It is time the “big stick” was taken to this country – diplomacy and appeasment have achieved nothing.

  2. Dave C.

    The most telling element of this story is in the study of motives.

    Ms. Malinova has sought nothing but justice, she has even turned down financial gain in favour of a simple apology. So why, as the State alleges, has she made this case up? Self inflicting injuries that required hospitalisation, missing an important exam she had studied hard for and why has she continued, in the face of “State Terrorism” which must be detrimental to her physical and mental health, continued to try and get those responsible arrested and prosectuted.

    If we look at the State at the time of the attack – We have BnM in power as a result of an alliance with the Nationalists. His government reaffirm the Benes Decrees, no doubt to please his bedmates. How better to demontrate to the Nationalists his credentials than to mobilize almost every element of the State machine to deny a member of the Hungarian minority their civil and human rights.

    Unfortunately, this young woman has stronger morals and is made of better stuff than her protagonists and has not bowed to any of their pressure, hence the string of ever more outragious allegations being aired, the contrived legal arguements and the non compliance with the ECHR agreement. It is quite clear that this is deliberate attempt to wear her relsolve down.

    I hope Ms Malinova takes the entire matter back to the ECHR.
    I hope the ECHR crucifies the Slovak state and the worlds press publish the story far and wide. I hope EU and International diplomats take note and every potential tourist, visitor and investor is made aware of what has transpired and make the appropriate decision.

  3. Dave C.

    J.B.
    Have you got any details on the Slovak kids in care story from your sources?

  4. Losgar

    I personally believe that Mrs.Malinova is a true victim. I wish her all the best. It touched me when she refused the financial compensation. I think she should’ve gone for it.
    Making SVK suffer for it won’t help Mrs.Malinova. Mrs.Malinova’s peace should be the priority which everybody should think of first and not some vendetta on the whole country.
    Kalinak is a clown, a man without conscience.

    There is a new case concerning the UK and it’s social services. Only in the last year they have aparently taken about 100 kids from SVK families living in the UK. Some of the families think about sueing the UK in Strasbourg.

    I believe that some of the decisions of the social services could be right, but there might be some that happened unjustly. Some of the kids were already adopted, for them there is a small chance to make things right.

    http://www.sme.sk/c/6506923/deti-vo-velkej-britanii-uz-prebudili-aj-slovenskych-uradnikov.html

    • Dave C.

      Well said on the Malinova case but how would you deal with your politicians who renage of agreements given to the European Courts.

      The current interest in the case of Kent Social Services obtaining a court issued protection order for these Slovak ( Roma) kids is understandable but I do wish the Sk press and TV actually do some investigating before publishing the story. Hard facts are hard to establish because of reporting restrictions in the matter of Families Division Court hearings but the parents claim they don’t know why the kids have been taken – No!,No!,No! they are fully aware but have decided not to tell anyone – Why? Even if, as they claim, they were not provided with documents in Slovak ( which I doubt) they will still have the English version to show the press. Until the parents are more honest and open about this matter it is difficult to judge if the authorities have acted in an unduly harsh way. With over 10,000 children taken into care in the last year UK Social Services are being accused of being over zealous in their actions BUT after the outcry over the Baby Peter scandal last year the authorities are taking no chances with the welfare of the children.

      • Losgar

        DC – If you really read SVK newspapers, as you claim, you also know that Mrs.Malinova lied at the beginning about a few things. Do you know that? I guess not. All the things I wrote about her before I mean. I just want to point out youe lack of information, that’s all.
        Also your question about how to deal with politicians is a funny one. Seriously – how do YOU deal with the crooked English politicians? By talking about them? By writing a long letter to the queen /God shave her!/?

        About the situation in the UK – you always take very lightly all the mischieves that happen in the UK. So now you blame the Slovak /Roma/ parents without knowing the facts? You already condemned them.
        Have you read the article I posted under my comment? You claim you understand SVK so it probably wouldn’t be a problem for you to read it, right?
        How would you feel if they took your child and the reason they stated was the risk of emotional disturbance???

        One last thing – how come that you and George are experts on every single issue that happens all over the world? Not only that you share happily your “wisdoms” with everybody but you also very strongly disagree with people with different opinions.
        DC – living in such disturbed country like SVK can cause very serious emotional disturbance for you. If you feel like you can’t bear it anymore, please feel free to call Kent Social Service!

        • George M

          How do we know and are expert…we are NOT Slowvak , that`s why ?

        • Dave C.

          Loghead
          You comment explains why you are such a valued contributor to this page. I read what is printed by the tame Slovak press, or should I say what they are told to print, and then compare the same stories from independant, reliable sources. If you actually cared to read the evidence submitted to the ECHR you would find that the only proven lies in the Malinova case were made by the Slovak police, prosectutors and politicians, the allegations of her lying have never been proven indeed she has been denied the chance to prove this in court, or do you just accept everything that comes out of Fico, Trnka, et al mouths as gospel?.

          As for the Kids in Care case, Firstly, I have not posted anything condemning the parents other than to point out discrepencies in their story as published here. Secondly, I would like to know exactly how a Slovak paper gets its information when the rulings of an English Families Division Court are not made public and Social Services are not allowed to comment on an ongoing case ( The care order is only interim ) So please don’t confuse Slovak press speculation or the one sided comments of the parents with the truth.

          You mention Emotional Disturbance as the reason for the care order – Well lets see, the two Slovak parents have never worked a day since arriving in merry England, claim child, rent, rates and social benefit. By their own admission they have kids still here in the Sk and live with their other four children in small ( two bedroom) accomodation in Chatham. Those are the facts as published in the UK press.
          Rumours – posted on social networks: Both parents are drinkers, the four kids share one room, the eldest child (8?) is left to care for the other three while the parents are out.
          So, and this is just a guess, the kids have been taken because of overcrowded accomodation, lack of adequate care and the dangers resulting there from and the parents are drinkers or have behavioural problems.
          Our politicians, as mentioned before ( retention of information a problem?) , if they break the law, behave badly in their private lives or do anything that embarrasses the country are removed/forced from office and when applicable, face trial and go to prison – no special favours.

          As for me and George being experts on everything – compared to you a house plant could submit more rational comments.
          You don’t like being disagreed with – stop posting then or do you suggest that the rest of us give up our right to respond just to protect your feelings.
          As for calling Kent SS to deal with the Sk – good idea but why should our professionals sort your crap out for you?

  5. James

    Yes, obviously the whole case shows Kalinak (and not only him) in a deeply unpleasant light, but it also reveals something of the inadequacies of the EU and its institutions, which, I increasingly think, are simply unable or unwilling to ‘really hammer’ member states for their violations.

    The EU’s not that difficult a thing to get into. All you need’s a euro-friendly smiley face (like Dzurinda) who’ll agree to tick a few boxes, and you’re in. Once in, you can renege on most of your promises and there’s no ultimate sanction.

    Countries that victimise their minorities (the Malinova case is as much an example of this as the constant persecution of the Roma) can do so knowing that all they’ll get are ‘demands to apologise’ – because the EU does not, and never will, seriously threaten a true punishment.

  6. George M

    Yes I have to say, quite why is the EU ignoring the thousands of corrupt and totally against justice actions, ( name me one political figure in court for corruption ? ) by the state of the Slovak Republic ( I do love when the political elite always use the whole name, rather than a plain `Slovakia` ) This jumped up little country with no power, or actual influence, believes it actually believe it runs the EU ….the announcements and press conferences ( why so many press conferences ?? ) fill me me laughter ….The political class still believe they are so very important people, and the Slovaks actually believe we in the EU need Slovakia !

  7. Dave C.

    Is Kalinaks’ statement not contempt of court and a clear reversal of the agreement with the court? Lesson – You can’t trust the Sk. Govt.
    “Someone who has caused so much trouble” – He may as well have said “There is no point in trying to obtain justice in Slovakia because we will draw the matter out for years and obstruct due process until we get the decision we want”
    Absolute disgrace! Ms. Malinova should take the matter back to Strasbourg and ECHR should hammer, really hammer Slovakia for this. I hope, as previously reported, that foreign and EU diplomats are following this and other examples of Slovakia total disregard for International courts, treaties etc. and take some action – like turn off the money supply to these ingrates.

  8. James

    Absolutely agree. This whole business has indeed shamed Slovakia, or would have done had the country got as much negative publicity in the rest of Europe as it undoubtedly deserved.

  9. George M

    Forced to answer question to a psychiatrists,`whatever happened to , you dont have to say anything that may incriminate you ?`. This matter is an embarrassment to Interior minister Robert Kalinak and he has worryingly shown he will use all the power of the State, his Ministry and the Justice system to cover his own shooting off big mouth and police driven mistakes in this matter . Who cares what he thinks …..Slovakia agreed before the European Court of Human Rights to extend an official apology to this poor girl .

    All Slovaks should be ashamed of this man and he should be fired .

Leave a Reply

*

Photo Gallery

The Daily.SK, Language Sense, s.r.o., Bratislava © 2010