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Comparing the Democratization of Intelligence Governance in East Central Europe and the Balkans

2014; Taylor & Francis; Volume: 29; Issue: 4 Linguagem: Inglês

10.1080/02684527.2014.915175

1743-9019

Marina Caparini,

Intelligence, Security, War Strategy

AbstractThis article discusses the reform of intelligence governance in two sub-regional groupings of former communist states: East Central Europe and the Balkans. These two sub-regions are delineated according to the pace and nature of transformations that they have undergone since the collapse of communist rule and their relations with respect to the European Union, the key political and economic organization in Europe. A number of lessons are drawn from comparing experiences in the two sub-regions relating to democratic reform of the security apparatus, and in particular the intelligence sector. Significant factors in the consolidation of democratic governance of intelligence include the nature of precursor communist-era regimes and the legacies they created, whether armed conflict has occurred during the transition, the extent and character of external (especially EU) assistance, and the strength of media and civil society. These factors appear to have influenced how transitional regimes have sought to introduce institutional reforms to constrain the powers of those services and their susceptibility to arbitrary use. They also have influenced measures taken to redress abuses by intelligence services under the preceding communist regime and the legitimation of the post-authoritarian state. Notes1 Eva Bellin, 'Coercive Institutions and Coercive Leaders' in Pripstein Propusney and Penner Angist (eds.) Authoritarianism in the Middle East (Boulder, CO: Lynne Rienner Publishers 2005); Thomas Plate and Andrea Darvi, Secret Police: The Inside Story of a Network of Terror (Garden City, NY: Doubleday & Co. 1981).2 On the role of secret police in communist systems, see Jonathan Adelman (ed.) Terror and Communist Politics: The Role of the Secret Police in Communist States (Boulder, CO and London: Westview Press 1984) and Krysztof Persak and Lukasz Kaminski, A Handbook of the Communist Security Apparatus in East Central Europe, 1944–1989 (Warsaw: Institute of National Remembrance 2005). On security and intelligence agencies in Middle Eastern security sectors, see Basma Kodmani and May Chartouni-Dubarry, 'The Security Sector in Arab Countries: Can it be Reformed?', Institute of Development Studies Bulletin 40/2 (2009) pp.96–104.3 Mehtap So¨yler, 'Informal Institutions, Forms of State and Democracy: The Turkish Deep State', Democratization 20/2 (2013) pp.310–44.4 The small but gradually growing literature on comparative intelligence governance includes Chris Ferguson and Jeffrey O. Isima (eds.) Providing Security for People: Enhancing Security through Police, Justice and Intelligence Reform in Africa (Shrivenham: Global Facilitation Network for Security Sector Reform 2004); Sandy Africa and Johnny Kwadjo (eds.) Changing Intelligence Dynamics in Africa (Birmingham: GFN-SSR and African Security Sector Reform Network 2009); Greg Hannah, Kevin O'Brien and Andrew Rathmell, Intelligence and Security Legislation for Security Sector Reform, RAND Europe Technical Report TR-288-SSDAT (Cambridge: RAND Europe 2005); Stuart Farson, Peter Gill, Mark Phythian and Shlomo Shpiro, PSI Handbook of Global Security and Intelligence, Volumes I and II (Westport, CT and London: Praeger Security International 2008); Hans Born and Marina Caparini (eds.) Democratic Control of Intelligence Services (Aldershot and Burlington, VT: Ashgate 2007); Hans Born, Loch Johnson and Ian Leigh, Who's Watching the Spies: Establishing Intelligence Service Accountability (Dulles, VA: Potomac Books 2005); Larry Watts, 'Intelligence Reform in Europe's Emerging Democracies', Studies in Intelligence 48/1 (2001); Florina Cristiana Matei and Thomas Bruneau, 'Intelligence Reform in New Democracies: Factors Supporting or Arresting Progress', Democratization 18/3 (2011); Kieran Williams and Dennis Deletant, Security Intelligence Services in New Democracies: The Czech Republic, Slovakia and Romania, Studies in Russia and East Europe Series (London: Palgrave 2001).5 Miroslav Hadjic, 'Intelligence Governance in the Western Balkans: A Comparative Perspective', DCAF Project on Strengthening Intelligence Governance in the Western Balkans, Geneva, DCAF (2013) p.8.6 Robert Jervis, 'Intelligence, Civil-Intelligence Relations, and Democracy' in Thomas C. Bruneau and Steven C. Boraz (eds.) Reforming Intelligence (Austin, TX: University of Texas Press 2007) p.xix.7 In particular, Hungary has experienced significant rollbacks in democratic governance since the 2010 election that installed Prime Minister Viktor Orbán.8 Brad K. Blitz, 'Evaluating Transitions: Human Rights and Qualitative Democracy in Central and Eastern Europe', Europe-Asia Studies 63/9 (2011); Marina Caparini, 'State Protection of the Czech Roma and the Canadian Refugee System' in Didier Bigo, Sergio Carrera and Elspeth Guild (eds) Foreigners, Refugees or Minorities? (Farnham: Ashgate 2013) pp.131–150; Judit Tóth, 'Czech and Hungarian Roma Exodus to Canada: How to Distinguish Between Unbearable Destitution and Unbearable Persecution' in Bigo, Carrera and Guild, Foreigners, Refugees or Minorities?, pp.39–54.9 Slovenia, part of the former Yugoslavia, is typically categorized as an East Central European state due to its rapid democratization and early accession to NATO and the EU.10 Ana Stojanova, 'Defective Democracies: Challenges to Democratic Consolidation in the Western Balkans' in Claire Gordon, Marko Kmezic and Jasmina Opardija (eds.) Stagnation and Drift in the Western Balkans: The Challenges of Political, Economic and Social Change (Bern: Peter Lang 2013) p.52. See also Valerie Bunce, Subversive Institutions (Cambridge: Cambridge University Press 2000).11 Taras Kuzio, 'Transition in Post-Communist States: Triple or Quadruple?', Politics 21/3 (2001) p.174.12 Gergana Noutcheva and Dimitar Bechev, 'The Successful Laggards: Bulgaria and Romania's Accession to the EU', East European Politics and Societies 22/1 (2008) p.116.13 On the role of secret police in communist systems, see Adelman (ed.) Terror and Communist Politics and Persak and Kaminski, A Handbook of the Communist Security Apparatus in East Central Europe.14 Istvan Lovas and Ken Anderson, 'State Terrorism in Hungary: The Case of Friendly Repression', Telos 54/Winter (1982–83) pp.77–85.15 John Hatzadony, Intelligence-State Relations in Democratization: The Croation Intelligence Community 1989–1999, PhD dissertation (Case Western Reserve University 2002) pp.53–4.16 Adelman (ed.) Terror and Communist Politics.17 On Albania see US Library of Congress, 'Domestic Repression Under Hoxha and Alia', Albania Country Study, 1992. On Romania see Dennis Deletant, 'The Securitate and the Police State in Romania, 1964–89', Intelligence and National Security 9/1 (1994) pp.22–49 and Dennis Deletant, 'Romania' in Persak and Lukasz (eds.) A Handbook of the Communist Security Apparatus in East Central Europe, p.285.18 Katerina Gachevska, 'Fighting Organized Crime as a Security Threat: Lessons Learned from Bulgaria', Journal of Regional Security 7/1 (2012) p.4.19 Philip Gounev and Tihomir Bezlov, Examining the Links between Organized Crime and Corruption (Sofia, Bulgaria: Centre for the Study of Democracy for the European Commission 2010) p.64.20 Maria Los and Andrzej Zybertowicz, Privatizing the Police State: The Case of Poland (London: Palgrave 2000).21 This section is drawn from Marina Caparini, Internal Security Reform in Post-Communist Europe: A Study of Democratisation in the Czech Republic, Hungary and Romania, PhD dissertation (King's College, University of London 2010).22 Global Integrity, 'Global Integrity Report: Hungary', 2008, p.45.23 Tony Verheijen and Aleksandra Rabrenovic, 'The Evolution of Politico-Administrative Relations in Post-Communist States: Main Directions' in T. Verheijen (ed.) Politico-Administrative Relations: Who Rules? (Bratislava: Network of Institutes and Schools of Public Administration in Central and Eastern Europe NISPAcee 2001) pp.410–26.24 Jan-Hinrik Meyer-Sahling, 'The Changing Colours of the Post-Communist State: The Politicization of the Senior Civil Service in Hungary', European Journal of Political Research 47 (2008) pp.1–33.25 Harry Howe Ransom, 'The Politicization of Intelligence' in Stephen J. Cimbala (ed.) Intelligence and Intelligence Policy in a Democratic Society (Dobbs Ferry, NY: Transnational 1987) p.26.26 Timothy Edmunds, 'Intelligence Agencies and Democratisation: Continuity and Change in Serbia after Milosevic', Europe-Asia Studies 60/1 (2008) note 2, 26.27 Bela Revesz, 'How to Consolidate Secret Services in East-Europe after Transition', Regio – Minorities, Politics, Society 1 (2007) p.106.28 Kieran Williams, 'Czechoslovakia 1990–2' and 'The Czech Republic since 1993' in Williams and Deletant, Security Intelligence Services in New Democracies.29 Dyrmishi, 'Intelligence Governance in Albania'.30 Stephane Lefebvre, 'Croatia and the Development of a Democratic Intelligence System (1990–2010)', Democracy and Security 8/2 (2012) pp.115–17.31 Edmunds, 'Intelligence Agencies and Democratisation'; Denis Coragic, 'Are Security and Intelligence Services in Serbia Politicized?', Western Balkans Security Observer 5/18 (2010) pp.29–40.32 Istvan Szikinger, 'National Security in Hungary' in Jean-Paul Brodeur, Peter Gill and Dennis Töllborg (eds.) Democracy, Law and Security: Internal Security Services in Contemporary Europe (Aldershot and Burlington, VT: Ashgate 2003); and 'Hongrie: Le gouvernement prend le contrôle des services secrets', Le Monde, 23 January 1990.33 Miklós Sükösd, 'Democratic Transformation and the Mass Media in Hungary: From Stalinism to Democratic Consolidation' in Richard Gunther and Anthony Mughan (eds.) Democracy and the Media: A Comparative Perspective (Cambridge: Cambridge University Press 2000) p.147.34 Pavel Zacek, 'Secret Services in Murky Times', New Presence: The Prague Journal of Central European Affairs Spring (2004) p.20.35 Tom Gallagher, 'Romanian Tyranny Seen from Above and Below', European History Quarterly 35 (2005) p.565; John Gledhill, 'Three Days in Bucharest: Making Sense of Romania's Transitional Violence, 20 Years On', Europe-Asia Studies 63/9 (2011).36 Lustration is the term used for a transitional justice mechanism adopted in almost every post-communist East European country that involves a law-based process of screening of individuals to determine their involvement in the former regime and their suitability for higher public positions. Individuals who are found to have been communist officials or to have worked or informed for the state security agency are typically excluded or removed from these positions. In some lustration approaches, individuals have the opportunity to hold or retain a position if they confess their prior association. See Cynthia M. Horne, 'Assessing the Impact of Lustration on Trust in Public Institutions and National Government in Central and Eastern Europe', Comparative Political Studies 45/4 (2012) p.413.37 Helga Walsh, 'Dealing with the Communist Past: Central and East European Experiences After 1990', Europe-Asia Studies 48/3 (1996) pp.413–28.38 Susanne Y.P. Choi and Roman David, 'Lustration Systems and Trust: Evidence from Survey Experiments in the Czech Republic, Hungary and Poland', American Journal of Sociology 117/4 (2012) pp.1172–201.39 Watts, 'Intelligence Reform in Europe's Emerging Democracies'.40 Predrag Petrovic, 'Intelligence Governance in Serbia', for the project Strengthening Intelligence Governance in the Western Balkans, Geneva Centre for the Democratic Control of Armed Forces, 2011, pp.17–19.41 On Retroactive Criminal Legislation, Decision 11/1992: 5 March 1992, Hungarian Constitutional Court. Translated and reprinted in Laszlo Solyom and Georg Brunner (eds.) Constitutional Judiciary in a New Democracy: The Hungarian Constitutional Court (Ann Arbor, MI: The University of Michigan Press 2000) pp.214–28.42 Csilla Kiss, 'Constitutionalizing the Revolution', paper prepared for the 2003 Annual Meeting of the American Political Science Association, 28–31 August 2003, p.15.43 Kim Lane Scheppele, 'Democracy by Judiciary (or Why Courts Can Sometimes be More Democratic than Parliaments)', paper prepared for the conference on Constitutional Courts, Washington University, 1–3 November 2001.44 Marina Caparini, 'Security Sector Reform and the News Media' in Marina Caparini (ed.) News Media and the Security Sector: Journalists on Telling the Story (Zurich and Berlin: LIT 2010) pp.15–17.45 Elena Yanchukova, 'Criminal Defamation and Insult Laws: An Infringement on the Freedom of Expression in European and Post-Communist Jurisdictions', Columbia Journal of Transnational Law 41 (2003); Ana Karlsreiter and Hannah Vuoko (eds.) Ending the Chilling Effect: Working to Repeal Criminal Libel and Insult Laws (Vienna: OSCE Office of the Representative of Freedom of the Media 2004). See also Council of Europe, 'Defamation and Freedom of Expression: Selected Documents', H/ATCM (2003) 1 (Strasbourg: Council of Europe 2003), especially the speeches by Peter Noorlander and Vesna Alaburic, pp.25–33.46 V.G. Baleanu, 'A Clear and Present Danger to Democracy: The New Romanian Security Services are Still Watching', Conflict Studies Research Centre, Royal Military Academy Sandhurst, 1996.47 Human Rights Watch, 'The Cost of Speech: Violations of Media Freedom in Albania' 14/5 (2002) p.10; and Arjan Dyrmishi, 'Intelligence Governance in Albania', Geneva, DCAF, 2012, pp.6, 22.48 Monika Scislowska, 'PM: Poland is "Victim" of US Leaks on CIA Prison', Salon, 29 March 2012.49 Adam Bodnar, 'CIA Secret Detention Places in Poland – Current Legal Developments', Interights Bulletin 16/1 (2010) p.38.50 For example see Open Society Justice Initiative, Globalizing Torture: CIA Secret Detention and Extraordinary Rendition (NY: Open Society Foundation 2013).51 Alex Martin, 'The Lessons of Eastern Europe for Modern Intelligence Reform', Conflict, Security & Development 7/4 (2007) p.552.52 Alasdair Roberts, 'Entangling Alliances: NATO's Security of Information Policy and the Entrenchment of State Secrecy', Cornell International Law Journal 36 (2003).53 European Commission, 'Agenda 2000 – Commission Opinion on Romania's Application for Membership of the European Union', Doc/97/18, Brussels, 15 July 1997, p.14.54 Ion Bogdan Vasi, 'The Fist of the Working Class: The Social Movements of Jiu Valley Miners in Post-Socialist Romania', East European Politics and Societies 18/1 (2004).55 Craig Smith, 'Eastern Europe Struggles to Purge Security Services', New York Times, 12 December 2006.56 Valentin Fernand Filip, The Intelligence Phenomenon in a New Democratic Milieu: Romania – A Case Study, Master's thesis (Naval Post-Graduate School, Monterrey, CA, 2006) pp.18–19.57 Parliamentary Assembly of the Council of Europe, 'Secret Detentions and Illegal Transfers of Detainees Involving Council of Europe Member States: Second Report', Committee on Legal Affairs and Human Rights, Rapporteur Mr Dick Marty, 7 June 2007, especially paras 72–90.58 Parliamentary Assembly, Council of Europe (PACE), 'Secret Detention and Illegal Transfers of Detainees Involving Council of Europe Member States: Second Report', Rapporteur Dick Marty, 7 June 2007; European Parliament, 'Report on the Alleged use of European Countries by the CIA for the Transportation and Illegal Detention of Prisoners', Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, Rapporteur Giovanni Claudio Fava, Final, 30 January 2007, A6-0020/2007.59 'US Court Case Confirms CIA Rendition Flights to Bucharest', Nine O'Clock.ro, 1 September 2011; 'Romania Denies Hosting Secret CIA Prisons', CNN.com, 7 September 2011.60 'What Happened in Stare Kiejkuty?', The Economist, 9 July 2013; 'Polish Prosecutors to Drop Charges in CIA Jail Inquiry – Report', Reuters, 19 February 2013; Joanna Berendt and Nicholas Kulish, 'Polish Ex-Official Charged with Aiding CIA', New York Times, 27 March 2012.61 Miroslav Hadzic, 'Measuring the Extent of Security Sector Reform in Serbia – Framing the Problem', Western Balkans Security Observer, No. 7–8, October 2007–March 2008, p.25.62 Misha Glenny, 'Balkan Organised Crime' in Judy Batt (ed.) Is There an Albanian Question?Chaillot Paper no. 107 (Paris: Institute for Security Studies 2008) p.90.63 Nemanja Mladenovic, 'The Failed Divorce of Serbia's Government and Organized Crime', Journal of International Affairs 66/1 (2012) pp.195–209.64 Hadzic, 'Measuring the Extent of Security Sector Reform in Serbia', p.25.Additional informationNotes on contributorsMarina CapariniMarina Caparini is Senior Research Fellow at the Norwegian Institute of International Affairs. She is also Senior Associate with the Security Governance Group. She holds a PhD in War Studies from King's College London.