UOO: Questioning Protection Granted by Another Institution Not Allowed

Bratislava, 1 December (TASR) - Protection for whistleblowers in cases involving suspected criminal offences can only be granted by the prosecution service, stated the Whistleblowers Protection Office (UOO) on Monday in response to politicians who have defended proposed changes by claiming that such protection has been misused in the past, TASR was told by Alexandra Znasikova from the office's prevention and communications department. The UOO emphasised that the law doesn't allow it to question protection granted by another institution. "The only case mentioned by public officials in connection with the misuse of protection involves the protected police officers. Aside from the fact that UOO didn't grant protection to these members of the police force, as it's not within its powers, the office's actions in relation to these cases involved only the sanction imposed on the Interior Ministry for having circumvented the law when it failed to request UOO's consent before suspending the protected whistleblowers," stated UOO, adding that the fines it imposed on the ministry thus seem to be the real reason behind the changes, coupled with efforts to replace UOO's leadership and bring it under control. The office also rejected claims about being unnecessary "as there is the police and the prosecution service", calling them a clear misunderstanding of the whistleblower protection agenda. "Neither the police nor the prosecution service have the power or the time to provide guidance and support to whistleblowers throughout the entire reporting process. Nor do they have the powers to provide protection when there's a conflict with the employer," explained UOO. There are also many other tasks prescribed by law which don't fall within the remit of any other institution, stated UOO, adding that it's bound by law to cooperate with NGOs, which has spurred criticism among some politicians. Another obligation imposed by the law is to raise public awareness about reporting anti-social conduct and granting protection to whistleblowers, as well as to cooperate in the drafting of legislation. "UOO regrets that it wasn't allowed to comply with this legal duty when the new bill was drafted. It would have drawn attention not only to the problematic nature of the proposal in terms of domestic rules, but also in terms of EU law, by which we are bound as a member state," stated the UOO, adding the Slovakia could face high financial sanctions if it is found to have breached the rules. The government last Saturday (22 November) approved a draft bill on setting up the new Crime Victim and Whistleblower Protection Office that should take over the agenda of compensating victims of crime from the Justice Ministry and replace the current UOO. It's been debated via a fast-tracked legislative procedure for almost an entire week. The Interior Ministry pointed to the need to respond to problems when applying the current law, in particular the insufficient rights of an employer of a protected whistleblower. Interior Minister Matus Sutaj Estok declared on STVR's politics programme 'Sobotne dialogy' (Saturday Dialogues) on 29 November that UOO has been politically misused and that the creation of a new, replacement authority is aimed at strengthening the protection of whistleblowers. Opposition MPs have criticised the proposal, arguing that it will lead to reduced protection for whistleblowers and victims of crime. They've pointed to a possible conflict with European law and inconsistency with the Slovak Constitution. jrg/df