The Office of the District Attorney, Bratislava 1.
In Bratislava, December 14, 1982
C.k.: Pv 1625/82
District Court Bratislava I
Presents accusation
of Helena GONDOVA, born 6/20/1949 in Hrinova, living in Bratislava, Podhorskeho ul. 6, special referent of the Technical communication center Bratislava, in detention since August 12, 1982.
of Frantisek NOVAJOVSKY, born 4/22/1956 in Spisska Bela, living in Spisska Bela, district Poprad, Petzvalova 48, in transit without reporting in Bratislava, Ludove Nam. No. 10, worker in Bratislava construction enterprise n.p. Bratislava, in detention since August 31, 1982
in the sense that
Accused Helena Gondova
I. hostile to the socialist community and state establishment of the Republic during 1978 through 1982, until her detention, assembled in her apartment in Bratislava, Podhorskeho ul. No. 6, a considerable number of books with the intent of distributing them, books that were mostly published abroad and were brought into CSSR illegally, further writings, which were copied and distributed, tape recordings containing gross accusations slanted against the social and state establishment of the Republic, against the alliance of the Republic with other states, especially with the Union of the Soviet Socialist Republics, which material was confiscated; during the period between 1978-1982 until her detention as a graduate of the Cyrilo-Methodian theological faculty in Olomouc and as an active believer, without the consent of the State and without taking an oath, she engaged in a spiritual and preaching activity, she congregated with religious persons whom she instructed in lay apostolate, which activity is not permitted by the State, she obtained, assembled and distributed religious literature, published abroad and brought into CSSR without permission, and distributed it among members of the lay church.
The accused Frantisek Novajovsky
I. as hostile towards the socialist, social and state establishment of the Republic during the period 1979-1982 until his detention in Bratislava, Ludove nam. No. 10, who accumulated, kept and distributed a great number of books, tape recordings, published and made abroad, writings copied in many various ways, containing gross accusations slanted against the social and state establishment of the Republic, as well as against the alliance and friendly relations with the Union of Soviet Socialist Republics and with other socialist states, and part of this material he gave to Vladimir Scigulinsky.
II. as a deeply religious person of the Roman Catholic faith in the period from 1979 to 1982 until his detention he, together with other religious persons, acted without state permission and oath, engaged in spiritual and preaching activities and to this purpose acquired and stored in his apartment on Ludove nam. No. 10, copied and distributed religious literature brought illegally into CSSR, tape recordings with religious content and also writings directed against socialist and state establishment of CSSR and of other socialist countries,
thus
The accused Helena Gondova
In point I.: through her acts dangerous to the society in providing these means, was out of sheer hostility towards the socialist social and state establishment of the Republic in the process of inciting at least 2 persons against the socialist, social and state establishment of the Republic, against the alliance of the Republic with other states, and she committed this act using press and other similarly effective means
In point II.: with her intent to obstruct effectiveness of the state control over the church, she encroached upon the ruling of the law concerning the economic support of the church and of religious societies
The accused Frantisek Novajovsky
In point I.: through his acts dangerous to the society, which were directly aimed at committing a criminal act, out of hostility toward the socialist, social and state establishment of the Republic, tried to incite at least 2 persons to unruliness against the social and state establishment of the Republic, against the alliance of the Republic with other states, and he committed this act in using the press and other similarly effective means
In point II.: with the intent to obstruct the effectiveness of the state control of the church, he encroached against the ruling of the law concerning economic support of the church and of religious societies.
Reasons:
The investigation that was carried out established the facts indicated in the above part of the accusation. The accused Helena Gondova completed her !studies at the Cyrilo-Methodian faculty in Olomouc, destined for formation of men in priesthood. A woman cannot become a priest in the Roman Catholic church, however she can after completing her studies work in church offices. The accused assumed a civilian profession, and settled down in Bratislava where she actively got involved in the lay apostolate and carried out religious educational and preaching activities, without the consent of the State and without oath. From 1978 until her detention she procured religious literature published abroad and imported to Czechoslovakia without permit. She stored and prepared for dissemination literature of religious character and other writings as well as tape recordings destined by their content for spiritual exercises in religion and activities of the lay apostolate. Writings have been copied either on typewriters or cyclostiles or mimeograph machines etc. Those together with tape recordings were destined for spiritual exercises. The accused also procured, stored, copied books and writings containing gross accusations slanted against the State, against the social order, against the Republic’s alliances with other States, which she prepared for dissemination among the lay members of the church and which were confiscated during the house search.
The accused stated for her defense, that she is innocent, that the books and copied writings and tapes recordings she had only for her own needs. This defense is not acceptable because these materials were found in her possession during the house search in such quantities, which necessarily exceeds her needs in the type of materials, and it is clear that they were destined for distribution among lay believers. The content of these books, writings and recordings is not only religious but contains also gross accusations slanted against socialists, social and state order as well as the Republic’s alliances. Some books, copied writings, or tape recordings were found also in the possession of the witnesses, Mr. and Mrs. Scigulinsky, who the accused, as was proved, knew and had contact with.
The accused Frantisek Novajovsky as a strongly religious person of Roman Catholic faith has attempted several times to be admitted to study at the Cyilo-Methodian theeological faculty and already in his youth had actively learned the principles of teaching of religion. From 1979 until his detention, he procured, accumulated and disseminated materials of religious character in order to prepare other persons for the lay activity of the church, as well as materials containing gross accusations slanted against the social and state order of the Republic and against the relationships of alliance with Soviet Union and other Socialist States. This comprised books, tape recordings and different copied writings. He also carried out without the State’s consent or oath, spiritual and preaching activity. From the accumulated materials, destined for the lay apostolate of the church, and having religious but also libelous content he gave copies to Vladimir Scigulinsky, or acquainted him with them.
The accused Frantisek Novajovsky stated in his defense only that he did not commit any criminal act nor did he do anything which is in conflict with paragraph 178 of the Penal Code. This defense of the accused, besides other proofs, is negated by the results of the house search on August 30, 1982 during which a large amount of writing paper was confiscated together with bottles with fluid, staplers, paper-cutting instruments, a large quantity of binding instruments and also prepared wrapping paper for copied writings. The criminal activity of the accused is proved by statements of witnesses, results of house searches, documents, expert opinions, and proofs included in materials of the protocols of investigation. Statements of some witnesses (Dr. Sladkovicova and Gregorova) however have to be considered in the light of the so-called “instructions” secretly prepared, copied and disseminated with the copied writings, which were confiscated during the house search from the accused Gondova — since the accused as well as some witnesses fully followed in their testimony these “instructions”.
thus they committed
The accused Helena Gondova
With respect to point 1: attempt to the penal act of inciting to unruliness according to paragraph 7 subparagraph 1 k par. 100 supar. 1 letter a/c/ letter a of the Penal Code.
With respect of point 2: penal act of impairing the supervision of churches and religious societies according to par. 178 of the Penal Code.
The accused Frantisek Novajovsky
With respect to point 1: attempt to the penal act of inciting to unruliness according to par. 8 subpar. 1 k par. 100 supar. 1 letter a/c/ subpar. 3 letter a of the Penal Code.
With respect to point 2: penal act of impairing the supervision of churches and religious institutions according to par. 178 of the Penal Code.
Basing myself on the results of the investigation, I judge the activities of accused Gondova with respect to first point of accusation as a preparation to a penal act of incitement to unruliness according to par. 7, subpar. 1 k, par. 100, subpar. 1, letter a), c) subpar. 3 letter a) of the Penal Code and with respect to point 2 of the accusation as a penal act of impairment of the supervision of churches and religious communities according to par. 178 of Penal Code. Activities of the accused Novajovsky I judge with respect to point 1 of the accusation as an attempt to the Penal Act of incitement of unruliness according to par. 8 subpar. 1 k letter a), c) and par. 3 letter a) of the Penal Code and with respect tc point 2 according to par. 178 of the Penal Code.
The activities of the accused represent high danger to the society, because due to hostility to the socialist state order, their activities were a preparation, or an attempt, to incite unruliness against the socialist and social order of the Republic as well as against the relationship of alliance, and with these negative activities incite religiously inclined people toward hostility against the Republic and its interests. Their activities impaired the orderly process of state administration in that they interfered with the supervision of the church.
The accused Helena Gondova was not yet subject to any penal punishment. Her employer considers her as an independent employee with initiative. She carried out her duties in an exemplary manner and she had a good reputation according to the opinion of the national council in the place of her domicile. Nor has she committed any trespasses.
The accused Frantisek Novajovsky has not yet been subject to any punishment. He has carried out his duties satisfactorily according to the statement of his employer and the local national council in Spisska Bela expressed its view that the whole family enjoys a good reputation.
The above indicated reasons justify the submission of accusation.
For the main proceedings I propose the following: 1. To call and interrogate Ing. Holly at number 1278; J. Hlinicky, number 1281; Mudr. Oveskova, number 1294; Ing. Safarova, number 1299; Ing. Scigulinska, number 1305; V. Scigulinsky, number 1312; M. Sladkovicova, number 1341; Ing. Sujova, number 1344; J. Sisolak, number 1362; Ing. Valentovicova, number 1374; M. Slezakova, number 1392; Mudr. Sladkovicova, number 1394.
2. To communicate the content of this accusation.
Regional Procurator,
Tibor Szakal
— Transcript —
Administration of Land Security Division for Bratislava and the Western Slovak district.
Department of Investigation of the State Security.     Â
VS-CS 740/1982 Bratislava, November 18, 1982
Decision
According to paragraph 163, subpar. 1,44 of the Penal Proceedings, I prosecute:
Accused NOVAJOVSKY, Frantisek, born April 22, 1956 in Spisska Bela; citizen of Czechoslovakia of Slovak nationality; single; employed as a laborer in the Bratislava Construction Enterprise; Onduvska Street; domiciled in Spisska Bela, Pecvalova Street 48; living unreported in Bratislava, Ludove Nam. No. 10; at present, in prison in Bratislava.
Also of an attempt of the penal act of incitement to unruliness according to par. 8/1k, 100/a/ ,c/ subpar. 3a of the Penal Code; because according to established facts a conclusion is justified that the above mentioned, because of hostility to socialist social and state order of the Republic in the course of the years 1979 through 1982 until his detention in Bratislava, Ludove Nam. No. 10, stored a large number of books, magnetophone recordings made abroad, and copies of writings made in various manners with an antistate and politically objectionable content destined to incitement to unruliness against the socialist social and state order of the Republic as well as relationships of friendship and alliance with the Soviet Union and other socialist states, from which materials he gave some to Vladimir Scigulinsky and other persons, and these materials were confiscated at the house search of the above mentioned.
Justification:
The accused Novajovsky, Frantisek is prosecuted by the prosecutor of State Security, Land Security Division for Bratislava and for the Western Slovak District, for a penal act of obstructing the control of churches and religious societies according to par. 178 of the Penal Code. During the investigation of his criminal activities, his home on Ludove Nam. No. 10, where the accused lived without official registration, was searched and a substantial amount of books, tape recordings, originally from abroad, writings in great quantities, copied in various ways and whose contents were subversive and against the socialist social and state establishment of the Republic and against the alliance with USSR and with other socialist states, were confiscated. From the printed material, whose content is subversive, the accused gave to the witness Vladimir Scigulinsky material entitled “20 + 10 years after”, copied from the original by Anton Hlinka, also accused, who taped sermons with subversive contents for the above mentioned witness, also protest songs by singer “KRILA” whose contents are directed against socialist social and state establishment and against the alliance relations of the Republic towards USSR and towards other socialist countries.
From the written materials confiscated during the search of his home and from the testimony of the witness Vladimir SCIGULINSKY it follows that the accused through his behavior committed an attempt of a penal act of subversion, because he tried through other effective means, as for instance through duplicated writings, tape recordings directed towards this purpose, harbored and distributed, to publicly incite people to unruliness against socialist social, state establishment of the Republic and against the allied and friendly relations with the Soviet Union and with other socialist states.
In view of the mentioned facts the conclusion that the accused through his acts committed an attempt of a penal act of subversion, according to paragraphs 8/1 k 100/1 letter a/ ,c/ , subpar. 3, letter a/ of the Penal Code, is sufficiently justified and therefore the decision to pass sentence for the mentioned penal act is valid.
Memorandum: It is possible to appeal against this decision within 3 days of the delivered proclamation, which is to be presented to the interrogator of the State Security.
The appeal does not have a delaying effect.
Interrogator of the State Security:
First Lieutenant PINNEL MIKULAS
Law No. 218-49
Paragraph 7
October 4, 1949
1. The functions of a clergyman, preacher or the like, can be exercised only by persons who have the corresponding state approval and have taken an oath. The State determines the wording of this oath by decree.
2. Each designation, election or appointment, of these persons requires prior approval by the State.