Information of JUDr K. Javorcikova to all judges

Dear colleagues,

On 26 May 2010 SITA press agency published this agency report:
The judge of the Bratislava Regional Court is suspected that she communicated lucrative executions in amount of approximately 200 million Slovak crowns to her ex-husband executor. The Office for Fight against Corruption investigates this case of suspected misuse of power of a public actor. The executor was allegedly given advantage in the period from 1997 till 2001 when he allegedly acquired dozens of bills and payment orders in total amount of approximately 200 million. He following executed the amounts and his remuneration was 20 % of the executed amount, that means almost 40 000 000 Slovak crowns (1.3 million EUR).

The Regional Court has not commented this affair. “Because the mentioned facts are in the scope of activities of the control bodies and prosecution authorities, the Court cannot in this period give any opinion in this case,“ said Pavol Adamciak, spokesman of the Regional Court in Bratislava.

According to law a court executor should not execute cases where there might be connection to a judge who issued the execution title. The reasons are the doubts that the judge may have profit in the execution procedure. The court executor is suspected that he had not carried out execution procedures impartially and independently as defined in the Execution Rules Act. The judge is suspected that she issued and signed an execution title despite the fact that she knew that the execution ordered by her can be made by her ex-husband. The Police checks if the judge and the executor had jointly acted as public actors in their power in a way that was contrary to the law. Through their action they had to acquire significant profit and commit a crime of misuse of powers of a public actor in cooperated action.

I found that this is about me and my ex-husband and that the investigation started upon a motion of the Ministry of Justice of the Slovak Republic. I did not have any possibility to give my opinion in advance to any motion. The motion (filed almost after 10 years) is a construed, fabricated accusation that I clearly see as an effort to criminalise and scandalise my person in connection with my activities in judiciary, mainly in the judicial initiative For Open Justice.

In the period from 1997 till 2001 I decided bill cases at the commercial division of the Regional Court Bratislava with one colleague for the whole area of Bratislava region in first instance and the Supreme Court decided appeals against our decisions. I never made execution agenda that in that time was made by judges of the Civil Division of the Regional Court and District Courts. I could not even theoretically help my ex-husband to any execution. The legal state is that in an execution the entitled creditors define their executor themselves and the judges of District Courts in E agenda decide on authorisation for an executor to carry out the execution and the judges in primary court procedure in which the decision was made have no power there.

Moreover, from 1997 I and my ex-husband we separated our joint ownership upon my motion, our relationship was in crisis and in 2000 my ex-husband moved from our home. In 2001 we were legally divorced.

It is important for me that everybody is informed in advance. I also will openly talk about this before the media.

With regards,

JUDr. Katarina Javorcikova

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