Hedviga Malinová

File:Hedviga malinova.jpg

Hedviga Malinová

Hedviga Malinová is a Slovak student of Hungarian ethnicity from Horné Mýto, Slovakia, who was allegedly beaten for speaking Hungarian. Her case represents a highly controversial and debated issue of Hungarian-Slovakian relations.

Claim of violence

Hedviga Malinová claims she was beaten and robbed on 25 August, 2006 near the University of Nitra and her attackers wrote "SK (probably means Slovakia) without parasites!", "Hungarians to the other side of the Danube!" on her clothes. Ján Packa, the head of Slovakian Police set up a special squad and started the investigation immediately. At first, nearly all Slovakian political parties distanced themselves from the case, with the notable exception of the Slovak National Party, led by Ján Slota, infamous for his anti-Hungarian statements.

Police decision

Some two weeks after the incident, to great public surprise, police closed the case with the conclusion that Malinová's statements were feigned, and her attack never happened. As announced by Robert Kalinák, Slovakian deputy prime minister and minister of the interior, none of the alleged victim's claims proved to be accurate. Her mobile network operator, for instance did not record any call on the day in question. Malinová also claimed she had been robbed, and her identity papers were later sent to her address; according to Kalinák, DNA analysis proved that the parcel was posted by Malinová herself. (It was later pointed out that at the time of posting the pack she was in hospital.) As for her injuries - she was treated for internal bleeding - police authorities ascertained they had been caused before the day of the claimed attack. Graphology specialists (without asking Malinová for sample) assumed that the offensive writings on her clothes were actually done by herself. Kalinák also stated, contrary to immediate examinations, she did not have concussion or bruises, and the blood most probably came from her epistaxis - the girl claims she has nosebleeds when under stress. As Robert Fico, prime minister of Slovakia put it, he felt sorry that Slovakia had to spare energies on a girl under test anxiety.

Controversy over the investigation

Béla Bugár, then leader of the Party of the Hungarian Coalition questioned the results of the investigation, calling attention to the fact that medical examination initiated by the police did not take place until 10 days after the case, allowing time for bruises to disappear.

Malinová first appeared before the public on 13 September 2006, maintaining her initial claims. She said she was ready for polygraph test, and that she and her lawyer, Gábor Gál were considering reporting the case to public prosecutors because the victim had been interrogated for 6 hours during which officers tried to persuade her to withdraw her claims.

Jan Packa said the attitude of Malinová and her lawyer was "the despising of the work of Slovakian police", while Kalinák pointed out that Gál was trying to set up a political issue.

Hungarian politician Viktor Polgár pointed out that the incident was not an isolated case. (See 2006 Slovak-Hungarian diplomatic affairs)

The following day, "due to continuous assaults" Gábor Gál stood down, and gave over the case to a Slovakian attorney, Roman Kvasnica. Kvasnica laid a complaint with the Nitra prosecution, which was refused on October 18 2006. In the meantime, state-owned Slovak television channel STV broadcasted a documentary directed by Eugen Korda, which claimed Kalinák did not always tell the truth in connection with the case. The director was rapidly dismissed from the television channel.

Perjury claims against Malinová

In November a certain Jaroslav Kubla reported Malinová to the authorities, accusing her with perjury. Meanwhile Malinová got into the centre of several conspiracy theories, which relate the case to the Slovak authorities or nationalists.

At the end of November the police initiated criminal prosecution against Malinová, who, in turn, brought the case to the Constitutional Court.

Allegations of injustice

After a relatively calm period the case was taken up again in May 2007, when Jaroslav Kubla, who had reported Malinová to the authorities accusing her with perjury, committed suicide. Hungarian political party Fidesz called Malinová's case a show trial, pointing to many controversial facts. As Zsolt Német reminded, the media was informed about the act of accusing before the lawyer of the victim, and the accusation had been announced before it actually took place. Robert Fico called the above "the coarse intervention of Budapest into Slovakian home matters".

On 26 May it was revealed that, besides the deceased Jaroslav Kubla, there was another person who reported Malinová to the authorities. This reporter was later identified as Peter Korcek, former secret agent and presently a member of the Christian Democratic Movement, a Slovak political party.

In June the case took another turn, when an eyewitness turned up. Zdeno Kamenicky from Nitra claimed he knew one of the attackers, a certain Robert Benci from Nitra. Kamenicky, due to uncertain reasons, was officially never interrogated by the police, who claimed Benci had "bullet proof alibi". This alibi later turned out to be two contradicting statements from his mother and uncle, who said that Robert at the time was either at home sleeping or at a holiday place with his friends.

The next month Ján Packa, head of the police, contrary to his claims he made some 11 months before, admitted that "Malinová might have been beaten". He now said: "we never claimed she was not beaten. We claimed it did not happen the way she states." It was also revealed that medical certificates made right after the incident but disregarded by the police did prove Malinová's recounting. Dušan Èaploviè, deputy prime minister also accepted that "she may have been beaten, but not because she is Hungarian."

Careful examinations following the above statements showed that Malinová's handwritten testimony was not copied accurately in typing, notably, an important sentence had been left out, which made Chief Prosecutor's Office start an investigation to find out if it was necessary to take up the case again. As a result of the investigation, Chief Public Prosecutor Dobroslav Trnka admitted that "both the police and prosecution made mistakes"; he, however, would not tell of what nature.

Meanwhile a former high-ranking police commissioner reported Robert Fico, Robert Kalinák and Ján Packa to the authorities, claiming they abused their power in connection with Malinová's case.

According to latest news Chief Prosecutor Dobroslav Trnka decided to replace police investigators working on the case of Malinová's alleged perjury, and start the investigation again.

In December 2007 (15 months after the beating) the Slovak police gave the video cassettes about the initial hearing of Malinová to Roman Kvasnica, her lawyer. It turned out the police broke the law several times. They forgot to mention three police officers were also in the room throughout the hearing. The investigators stopped the recording sometimes. The hearing lasted for six hours, but the police recorded only five hours of it, released now only three hours of that recording. The police still doesn't search the ones who committed the hate crime, only checks the credibility of the girl. Despite the police's early claims not one, but two cameras were used for the recording. Malinová is still accused of misleading the authority for which she may be sentenced to five years in prison.