Slovakia
Slovakia has dedicated counterterrorism provisions in its criminal law. There is no carve-out for the exercise of fundamental human rights. Terrorising civilians in armed conflict is a specific war crime under the Criminal Code.
The Definition of Terrorism in Domestic Law
The Criminal Code defines a "terrorist attack" as follows:
Whoever, with the intention to damage the constitutional establishment or defensibility of a country, damages or destroy the basic political, economic or social structure of a country or of an international organisation, seriously intimidate the population or coerce a government of a country or another public authority or international organisation to do, omit or tolerate something,
a) threatens by committing or commits an attack endangering the life, health of people or their personal freedom,
b) destroys, disables or damages a public facility, traffic system, telecommunication system, information system, including serious interference with the operation of an information system or interruption of the operation of an information system, fixed platform on undersea shallows, power installation, water-supply installation, healthcare facility or other important facility, public space or property, or threatens by such conduct,
c) disrupts, disables or interrupts a supply of water, electric energy or other fundamental natural resource in order to put people in danger of death or grievous bodily harm or put another party’s assets in danger of damage of a large extent, or threatens by such conduct,
d) hijacks an aircraft, a ship, another means of passenger or freight transport or a fixed platform on undersea shallows, or exercises control over such a means of transport or fixed platform, or destroys or seriously damages a navigation device or interferes with its operation or provides false information, thus putting the life or health of people and the safety of such means of transport in danger or putting another party’s assets in danger of damage of a large extent, or threatens by such conduct,
e) requires, produces, obtains, stores, owns, possesses, imports, exports, transports, has it transported, delivers or otherwise uses an explosive, nuclear material, radioactive substance, chemical substance, biological agent or toxin, firearm, nuclear weapon, radiological weapon, biological weapon, chemical weapon or other weapon, means of combat or material of a similar nature, or performs research and development of a nuclear weapon, biological weapon, chemical weapon or other weapon or means of combat or an explosive, or a facility for the production, treatment, storage or use of nuclear materials, radioactive substances, chemical substances or biological agents and toxins, or threatens by such conduct, or
f) puts people in danger of death or grievous bodily harm or puts another party’s assets in danger of damage of a large extent by causing fire or flood or a harmful effect of explosives, gas, electricity or other similarly hazardous substances or forces, or commits other similar dangerous conduct, or increases such danger or hinders the aversion or mitigation of it, or threatens by such conduct.S. 418(1), Criminal Code of Slovakia.
An article entitled "Terror" prohibits:
Any person who, with the intention of harming the constitutional system of the Slovak Republic, intentionally kills or makes an attempt at killing another person....
Adherence to Global and Regional Terrorism Treaties
Slovakia is a State Party to all of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
Slovakia is also a State Party to the four regional treaties on terrorism.
Treaty | Adherence |
---|---|
1977 European Convention on the Suppression of Terrorism | State Party |
2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
2005 Convention on the Prevention of Terrorism | State Party |
2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Section 419 of the Criminal Code imposes a minimum sentence of twenty years in prison and a maximum sentence of life imprisonment for a terrorist attack. Subsection 2 makes the sentence of life imprisonment mandatory where the attack caused grievous bodily harm to a person.
The offence of "terror" carries a penalty of twenty to twenty-five years in prison.S. 313, Criminal Code of Slovakia.
Terrorising civilians in armed conflict is a specific offence:
Any person who, in the wartime, performs inhuman acts on the grounds of national, racial or ethnic discrimination, or who terrorises helpless civilian population by violence or the threat of its use, shall be liable to a term of imprisonment of four to ten years.S. 431(2), Criminal Code of Slovakia.
Counterterrorism Capacities and Policies at Domestic Level
Slovakia has dedicated counterterrorism expertise in its national police.