A Legal Perspective Of The State Sovereignty in the Trenches Vigilantism in Slovenia

A Legal Perspective Of The State Sovereignty in the Trenches Vigilantism in Slovenia Presented by: Dr. Flander Date: 4 September 2023 Introduction Remarks - SUMMARY of my scientific article; the outcome of the research carried out within the framework of the ProfNet → It suppose to be published in the Law, Identity and Values journal - Legal aspects of vigilantism in Slovenia • The WAY SLOVENIA/its legal system REACTED to the sudden appearance of the anti-migrant vigilante groups in 2018  Defining vigilantism and identifying its recent appearances in Slovenia (1), outlining from a theoretical perspective the divergent state responses to vigilantism (tolerance and cooperation versus exclusion and prosecution) (2); DEMONSTRATING how Slovenia and its legal system resorted to exclusion and prosecution of the anti-migrant vigilante groups and how their appearance and activities were understood by the authorities as a "threat posed to national security and sovereignty") (3) - For a more detailed analyses see the scientific article Briefly On Vigilantism - Multifaceted and slippery social phenomenon Impossible to resort to a straightforward universal definition - Often referred to as 'the popular justice' and 'the concept of people taking the law into their own hands' in different contexts Attributed by both positive and negative connotations - An arbitrary act or a set of arbitrary acts of seemingly official nature committed by an individual or a group in the belief that an INJUSTICE has occurred, which the state do not want to or cannot correct due to its dishonesty or corruptibility or due to its general inefficiency in the performance of the official duties (Nel, 2016) - Unlawful and intentional conduct or use of force by private citizens to PREVENT or PUNISH someone who is the perpetrator of real or perceived forms of deviance - Aimed at offering guarantees of collective security and social order in CIRCUMSTANCES where there is a real or perceived absence of effective formal guarantees of order and security - Most academic definitions of vigilantism → see VIOLENCE (or the threat thereof) as an essential component of vigilantism - While vigilantism occurs all over the world, it is more prevalent in some places than in others **In the "country on the sunny side of the Alps" → An almost unknown phenomenon before 2018 (!!) Sudden Appearance Of Vigilante Groups: A Great Shock In The "Oasis Of Peace And Non-Violence" - Beginning of Sept 2018 → Social networks and media flooded with photos of the formation and training of a masked and armed group of people - ** Filmed in the forests of Pohorje near Maribor; the group called the Styrian Guard, led by Andrej Šiško (also a founder of a political party United Slovenia) - First reactions → Either a 'joke' or 'fake news' (most people believed that such events cannot happen in the 'oasis of peace and non-violece'); quickly surprise turned into a shock (!!) - Also quickly it became clear that → Most people are of opinion that groups such as vigilante and paramilitary are unacceptable and inadmissible; state officials shared their opinion → Minister of the Interior → "Any creation of parallel armed structures is dangerous, inadmissible and extremely problematic"; President of the Republic → "Creation of the armed group led by Andrej Šiško was completely unacceptable [...] SLO is a safe country where no one who is not authorized to do so is allowed to arbitrarily take care of the security of the country and its borders" - News about the masked/armed men saluting and marching in the idyllic Slovenian forests was also published by some foreign media (HINA, EU Observer, NYT etc,) - A journalist from the tabloid Slovenian News [Slovenske novice] who visited the threeday Styrian Guard's "military training camp" → "Everything in the training camp is like in a real army" (members learn how to handle the weapons, group hierarchy and ranks, ambulance service etc.) Immedate Response Of The Authorities: "A Threat To The Sovereignty And Integrity Of The State" - Mr Šiško, the leder of the Styrian Guard → "It is a voluntary defense group of the region of Styria"; "more than 100 members", "they will not allow themselves to be disarmed", "they will respond if the homeland and nation at risk" - Members of the Styrian Guard → The most serious threat to the security of the country and the nation are asylum seekers, i.e. migrants who illegally enter the Slovenian territory (usually from the territory of Croatia) and apply for asylum - Ministry of the Interior and the Police (in their first official reaction to the publication of videos, photos and reports in the media) → • Secondary effect of the migrant wave (i.e. of the increase in illegal migration) → the polarization of the Slovenian society and the (fact that) establishment of various forms of security self-organization of citizens has become more frequent • Most objectionable behavior of vigilantes → Their presence and training near the state border, wearing uniforms and imitation weapons, using symbols such as coats-of-arms and flags, and giving the feeling that they actually perform official security and defense tasks • Certain actions of members of the Styrian Guard and some other groups are a serious security risk for the state and citizens [...] BECAUSE the hidden purpose under the cover of the security self-organization was to carry out the state authorities' duties (including the protection of the state border) • Moreover, foundation and activities of guards and other similar groups were a serious and direct threat to the SOVEREIGNTY and INTEGRITY of the Republic of Slovenia Authorities And National Security Experts: "An Immediate Action Is Required" - Throughout 2019 → the Styrian Guard has become notorious, i.e. increasingly active and present in the public space and public discourse; New similar groups appeared... - Legal and security experts and officials and other politicians from the ruling liberal coalition → "The situation is very serious; an immediate action is required..." (!?) - Ministry of the Interior and the Police drew attention to the fact that... → (!!) • While some actions of the Styrian Guard and village guards have had certain elements of minor offenses under the provisions of several laws, their members could not be prosecuted, except in rare cases (!!)  **Only if reported by the local residents to the police that the offender(s) by his/their acts caused them feel UNCOMFORTABLE or THREATENED (Art. 1 of the PPOA-1) • With rare exceptions, criminal prosecution of vigilante practices was also out of the question → Most excessive vigilantes ‘acts did not have ALL NECESSARY ELEMENTS of criminal acts (their acts would only become a criminal offense if/when vigilantes would perform an act or several acts that only an official or a military person may perform according to the law, and if they would be caught in the act and arrested) • **With the exception of the prosecution of the Styrian Guard's leader (and one of his "officers"), the State Prosecutor's Office did not prosecute any of the members of the Styrian Guard upon receiving reports from the police - CONSENSUS in the government coalition and among the experts An adequate response by the police and other state authorities to the activities of vigilantes was impossible; the legal regulation urgently needs amendments (!!) Amendments To The Protection Of Public Order Act And The State Boarder Control Act - The genesis of the amendments • End of November 2019 → Šarec GOV submitted to the parliamentary procedure • PROPOSALS for amending the PPOA-1 and SBCA-2  **Activities of the Styrian Guard and similar groups indicate serious security risks for the Republic of Slovenia  **RESTRICTING and SANCTIONING the activities of these groups is necessary for ensuring the effective performance of the duties and tasks of the police • Šarec government's proposals were not adopted (!!) • After the resignation of the Šarec's government (March 2020) and the election of the new conservative government of Janez Janša → amendments with an almost identical content were proposed not by the government but by the then left wing of the parliamentary opposition • September 2020 the PPOA-1A and SBCA-2E were adopted  **48 (out of 90) deputies voted for the proposal (84 were present)  **Supported also by some deputies from the political parties of the gov. coalition  **Members of the largest party in the conservative government coalition (SDS) and members of one of the opposition parties (i.e. the Left) abstained from voting - The content of the amendments (PPOA-1) • Amended Art. 11 of the PPOA-1 → A fine of 500 to 1,000 euros shall be imposed on an individual who carries, displays or uses decorative weapons, imitation weapons, weapons intended for alarm, signaling or other objects that look similar to weapons, ON SUCH A MANNER that he or she gives the feeling of performing the duties of the official or military persons  **If the act is committed in a group of at least two people, the individual shall be fined between 1,000 and 2,000 euros • New Art. 11a of the PPOA-1 (entitled 'Use of camouflage clothing, uniforms or other clothing similar to uniforms') → A fine from 500 to 1,000 euros shall be imposed on an individual who wears camouflage clothing, uniform or clothing similar to the uniform of official or military personnel, and by his or her behavior, conduct, movement and presence in a certain public or private place, or by the use of equipment or accessories, gives the feeling of performing the tasks of the official or military personnel  **If the act is committed in a group of at least two people, the individual shall be fined between 1,000 and 2,000 euros • Fine between 1,500 and 2,500 euros → An individual in a group of at least two persons who wears uniform or clothing similar to...and gives the feeling of a police or military force BY using symbols, coats-of-arms, flags, or by creating the impression of a hierarchical organization, or by using vehicles bearing recognizable marks - The content of the amendments (SBCA-2) • Similar additions were introduced by the amendments to the SBCA-2  **New provisions of Art. 4 → Prohibit and sanction any conduct carried out in a way which is identical or similar to the performance of police tasks in the implementation of the state border control  **They also prohibit and sanction any behavior by a legal entity or an individual encouraging, organizing or facilitating such actions  **Fine of at least 1,000 euros shall be imposed on an individual and a fine of at least 1,500 euros on an individual who commits such an act in a group - After these amendments have been introduced there ware no more incidents and almost no more journalist reporting on the Styrian Guard (!!) **With the exception of Mr. Šiško's statement to the media that the Styrian Guard will challenge the new minor offense law before the Constitutional Court Conclusion - In my research/presentation, I did not want to engage in exploring vigilantism and its versatile forms theoretically and Scientifics’s - The focus was not on EXPLORING the extent to which vigilantes a product of weak or eroded state legitimacy, or the extent to which it threatens state sovereignty - Instead, I wanted to address vigilantism at a CONCRETE LEVEL, i.e. in a specific Slovenian (legal) context, which is UNIQUE... • **For the reason that this phenomenon practically did not exist in the independent Slovenia before 2018 and the country was NOT PREPARED FOR IT (!!) - My main motivation for undertaking the research → To evaluate and explain to the international public the reaction of the Slovenian state and the legal system to the sudden appearance of vigilantism, which brought GREAT UNREST into Slovenian society