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30 years ago, the most despicable affair aimed at independent Slovenia – all traces lead to Kučan and Drago Kos

By: Petra Janša, Gašper Blažič

March 20th, 1994, would have been an ordinary day in Slovenia. However, it was not. As later reported by the media, four members of the Slovenian army near Depala vas allegedly brutally beat and nearly killed a civilian, which was the trigger for the dismissal of the then Minister of Defence, Janez Janša.

This is how it appeared on the surface. However, the background was much more chilling. Milan Smolnikar, who ended up on the cover of Mladina with his head bandaged just a day after the incident, was not actually an ordinary civilian. He was a collaborator of the Ministry of Internal Affairs. This was, of course, just the tip of the iceberg of one of the biggest political conspiracies to date. It was primarily about planning the political assassination of Janez Janša, the Minister of Defence during Slovenia’s independence, who had taken over the leadership of the SDS from Jože Pučnik just over a year before this incident. The party was marking its fifth anniversary at that time.

At that time, the Liberal Democrats, under the leadership of Janez Drnovšek, also the Prime Minister, united with the faction of the Greens of Slovenia, socialists, and the predominant part of the Democratic Party (a faction of the dissolved SDZ) in a new party called the Liberal Democracy of Slovenia, which was the leading party in Slovenian politics until 2004. The whole course of events was directed from behind the scenes, especially by two “uncles” − the first was President Milan Kučan, and the second was the former banker and godfather of parallel economy Niko Kavčič, who was considered the secret godfather of the Rupel-Bavčar group, which had left the Slovenian Democratic Alliance two and a half years earlier. Janez Drnovšek, who became the president of the Liberal Democratic Party with the help of the charisma of the former progressive member of the presidency of the dissolved SFRY in 1992 and then the prime minister, retained Defence Minister Janez Janša in the government after the elections at the end of 1992 − a move that the actors of the deep state did not agree with, as it became too dangerous to their interests. A new covert civil war began, where formally the Ministry of Defence and the Ministry of Internal Affairs were at odds, but in reality, it was a clash between democratic forces and the deep state, which controlled especially the criminal police and the Intelligence and Security Agency (SOVA) through the structures of the former secret police (UDBA).

These were the reasons for Janša’s removal

Why was Janez Janša so unpleasant for the old UDBA party structures? There are mainly two reasons. As already mentioned, Janša poked into the hornet’s nest of the parallel economy, for which the SDV, the renovated UDBA, was responsible in the 1980s. Also, due to the confrontation with the legacy of such activities in the post-independence period, the Hit and VIS (Security and Information Service) affairs occurred because the actors of the deep state had to present themselves as victims and portray a “virtual reality” that the Slovenian public would believe. Moreover, Janša, who became the Minister of Defence in the third consecutive government (and the second Drnovšek’s), not only retained the charisma of a successful defender of independent Slovenia but also prepared a new Defence Law that would have brought Slovenia into NATO in the 1990s, something that Kučan opposed. Because Janša tried to act as independently as possible as Minister of Defence in relation to the old structures, it also happened that military intelligence discovered a rather unusual shipment of weapons, about which they had not been informed previously. Apparently, there was arms trading under Kučan’s patronage – the weapons were intended for Bosnia and Herzegovina, which was then at war. That is why the actors of the deep state had to find a “sufficiently justifiable reason” to remove Janša from the government and humiliate him in front of the public. This eventually happened with the forgery and theft of secret documents, which ultimately led to the incident at Depala vas, where military intelligence caught only one link in the chain. Behind the scenes, there were many people, including the infamous detective Drago Kos.

The detailed course and background of the Depala vas affair are described in numerous books, most notably Janša’s book Okopi, which was published in 1994 as a sequel to Janša’s successful book Premiki. The late Danilo Slivnik also outlined the background of this affair in his famous book Kučanov klan. Vladimir Vodušek described the Depala vas affair in his book Operacija Marinec. However, in the 2014 reprint of the book Okopi, Janša added some new facts and names. This is particularly true for former intelligence officer of the Yugoslav People’s Army’s Counterintelligence Service (KOS), Radenko Radojčić, whom the actors of the deep state hired to assist in the political liquidation of Janša. The link between Radojčić and the Slovenian political underworld was intelligence officer Anton Peinkiher. As Janša writes, Peinkiher “accommodated Radojčić in the official apartment of the ministry on Rojčeva Street in Ljubljana, where he stayed until March 15th, 1994. He handed Peinkiher 120 microfilms from the archive of the Yugoslav military security service – KOS. Peinkiher did not inform his superiors about Radojčić’s stay, contacts with him, and the received microfilms.”

As it is known, the deep state managed to oust Janša from the government, but it failed to destroy Janša’s public image, as a large part of the Slovenian public responded to this move with great anger. Contrary to SDS’s expectations, it did not capitulate but consolidated itself. The number of members increased, and its public support grew despite the discredit that someone who allegedly prepared a coup was leading the party. However, this was just one of many attempts to discredit Janša and remove him from the political arena. The next major conspiracy occurred with the Patria affair, which also did not achieve its goal.

Janša first disrupts the parallel economy of the UDBA

January 5th or 6th, 1992

President Milan Kučan was visited by Hasan Čengić and met with workers of the Security and Information Service (VIS).

June 23rd, 1992

Čengić visits Kučan again, who convenes a meeting of the Defence Council at the Presidency of the RS. Čengić asks for assistance in arming.

June 26th, 1992

Čengić announces himself to Defence Minister Janez Janša. He does not receive him because he does not have the necessary authorisation from the government of BiH.

End of August 1992

Dieter Hofmann agrees with the director of Maribor Airport that planes from Sudan will land in Maribor. Over the following months, several planes land.

October 22nd, 1992

The last plane with “humanitarian” aid lands at Maribor Airport.

November 4th, 1992

Miha Brejc, the director of Visa, instructs Ministry of the Interior (MNZ) employees not to interfere with the “humanitarian” aid at Maribor Airport.

March 13th, 1993

The Hit affair erupts.

April 6th, 1993

Janez Janša mentions on TV Omizje of Television Slovenia in connection with the Hit affair a company that has not paid $150 million in taxes over the past years: “One hundred and fifty million dollars is the money with which you can buy power in Slovenia. You can buy a journalist, you can buy everything, if there is no financial control, if there is no financial discipline. With this money, you can buy elections.” Janša first poked at the parallel economy of the successors of the communist regime. “This statement shed light on the still many covert deep state at the time and of course triggered measures for our expulsion from the government,” Janša said in an interview with Demokracija last week.

May 24th, 1993

A senior administrative worker, B. B., wrote a note at the Ministry of Defence stating that an MNZ employee, M. A., approached him to provide any incriminating documents against Janez Janša.

Janša pokes at the parallel economy of the UDBA for the second time

May 27th, 1993

Left-wing MPs address 27 questions to the government regarding weapons. Subsequent events confirm that the criminalisation of Janša involved cooperation with the criminal police service of the Ministry of the Interior.

July 1st, 1993

Milan Smolnikar (former MNZ special forces) allegedly leaves his position at the Ministry of Defence, and the security service of the Ministry of Defence (Vomo) receives information that a group of former YPA officers is preparing an assassination attempt on Janša.

July 7th, 1993

The Ministry of Defence responds to parliamentary questions regarding weapons.

July 20th, 1993

The Ministry of Defence learns about a large quantity of weapons at Maribor Airport.

July 21st, 1993

Weapons are discovered at Maribor Airport, and employees of Visa or Sova are implicated. A few months later, it will be revealed that the trace of knowledge about the Maribor weapons, intended for BiH, leads to President Milan Kučan and former key figures of the Ministry of the Interior Igor Bavčar and Miha Brejc, who before the 1992 elections told socialist Jože Smole that a replacement for Janez Janša would be necessary.

Janša thus pokes at the parallel economy of the UDBA for the second time. Threats against him resurface.

Former informant of the YPA hired to overthrow Janša

August 18th, 1993

Former agent of the YPA Counterintelligence Service (KOS) Radenko Radojčić arrives in Ljubljana. He meets with Mustafa Čandić and Tone Peinkiher. His role was revealed only 20 years later. SDS leader Janez Janša revealed in the revised edition of Okopi that the deep state imported a former YPA agent to devise a plan for his downfall and the destruction of SDS. Documents show that it was a pure political vendetta. Radojčić also explained his testimony to Croatian judicial investigators. Among others, operative figures in the story included Tone Peinkiher, an agent of the military intelligence service at the Ministry of Defence, and the head of criminal investigators at the Ministry of the Interior Mitja Klavora. Prime Minister Janez Drnovšek and President Milan Kučan were kept informed about Operation Ščuka (Depala vas affair) as it unfolded. The latter was also the mastermind behind the conspiracy against Janez Janša.

August 27th, 1993

Kučan begins to justify those involved in the affair with Maribor weapons and attacks the Ministry of Defence and Janez Janša.

August 30th, 1993

The Ministry of Defence responds to Milan Kučan, suggesting that questions about who violated the international embargo should be directed to Kučan. The defence tolar comes under fire.

Mid-September 1993

Peinkiher tells Radojčić that he is meeting with Milan Kučan and journalists from Mladina, instructing him to prepare a plan for the removal of Defence Minister Janez Janša. Radojčić agrees, and a plan is devised, the execution of which has been known in Slovenia for 25 years as the Depala vas affair. Later, he confessed: “Peinkiher asked me to devise a plan for psychological propaganda undermining of Janez Janša. (…) Peinkiher told me that Kučan supports the project. Kučan has influence in all structures of the old nomenclature and among the old cadres of the new nomenclature of power in Slovenia, especially among the old SDV cadres, directors of major banks, major economic organisations in Slovenia, and financial structures.”

September 20th, 1993

LDS, ZLDS, and SNS reject the adoption of a resolution on the principles of national security in the parliamentary committee.

September 29th, 1993

The government report on the arms scandal implicating Igor Bavčar and Miha Brejc is made public. The report mysteriously omits documents regarding meetings between Milan Kučan and Miro Predanič, a former advisor to the director of Vis and one of the main suspects.

Janša strikes at the parallel economy of the UDBA for the third time

October 12th, 1993

The Union of Slovenian Officers is renamed the Association of Slovenian Officers, and the leadership is replaced. Analysts see this as a victory for Janez Janša over Milan Kučan. Janez Slapar, who will later become an advisor to ZLSD, defends the old leadership.

October 22nd, 1993

ZLSD fiercely attacks Janez Janša for defence funding in the parliamentary defence committee.

October 30th, 1993

The confrontation between Janša and Kučan escalates. The President of the Republic, at a solemn academy marking the 75th anniversary of the fight for the northern border in Maribor, indirectly accuses the Minister of Defence of taking the liberty to write history. Janez Janša responds with Cuba and China at a meeting of SDSS in Celje.

November 15th, 1993

Milan Smolnikar visits Janko Šega at the guard post on Krim and begins recruiting territorial defence members.

November 18th, 1993

LDS, ZLDS, and SNS once again criticise defence spending, arguing that too much money is allocated for weapons.

November 30th, 1993

Boris Platovšek, director of Adita (a company controlled by Safti), seeks refuge under the auspices of VOMA and confesses. He reveals a detailed plan on how to privatise valuable assets in the Slovenian economy through Adita and Safti (companies established by the UDBA). Janša thus strikes at the parallel economy of the UDBA for the third time. Platovšek’s testimony incriminates several prominent Slovenian politicians and casts a strange light on MNZ’s criminal investigators. Boris Platovšek states that he only trusts the military security organ, but the next day Milan Kučan reads a brief report of his testimony.

December 1st, 1993

Milan Smolnikar and Mitja Kunstelj meet for the first time. Kunstelj informs his superiors about the meeting, and they approve the plan. Two days later, Smolnikar tells Kunstelj that the organisation will bring Janez Slapar back into the Territorial Defence and predicts the replacement of Janez Janša. From then on, they meet almost every week.

December 6th, 1993

Milan Kučan’s letter regarding the Defence Law is made public, suggesting that Janez Janša, as Minister of Defence, should write instructions and regulations, while he, as Supreme Commander, should have “necessary information and authorisations” from the Ministry of Defence.

December 7th, 1993

Janez Janša criticises Kučan’s concept of the Defence Law as “Yugoslav”.

December 8th, 1993

Milan Kučan flies to Albania without being escorted by an honour guard from the Territorial Defence at the Brnik Airport, sparking another reason for dispute.

December 10th, 1993

Drago Ferš, director of Sova, tells the parliamentary committee: “I said that Mr. Piber (Janez Piber, deputy director of Visa until March 1992) was called to the presidency and there he was given the task of helping Mr. Čengić organise humanitarian aid. Mr. Piber took this literally and, of course, enabled Mr. Čengić to take concrete actions.”

December 17th, 1993

Janez Janša criticises the Maribor prosecution for evading responsibility in the arms affair. It becomes increasingly clear that the old structures, led by Milan Kučan, are behind the arms trade at Maribor Airport.

December 23rd, 1993

The top of the Ministry of Internal Affairs sends confidential mail to Prime Minister Dr Janez Drnovšek about alleged irregularities in the operation and management of the Ministry of Defence, especially VOMA. The Prime Minister will mention the letter only in March 1994, but allegedly, it also reached the President of Slovenia.

Kučan mentions weapons for the first time

December 31st, 1993

Prime Minister Janez Drnovšek writes in his New Year’s message: “I promise that the government will do everything to stop attempts at political destabilisation of Slovenia…” President of the Republic Milan Kučan, in his New Year’s message, already threatens with weapons: “The word is a dangerous weapon. It can greatly harm a person. The word can easily warm the palm to grab a weapon.”

January 6th, 1994

Andrej Lovšin, the head of VOMA, resigns. Officially due to personal reasons, unofficially due to the unsuccessful hunt for the “mole” in the Ministry of Defence.

January 11th, 1994

Milan Kučan ignores the invitation from the Visegrád Group presidents to attend an informal meeting with US President Bill Clinton. They would discuss NATO membership. His silence and disregard cost the young country dearly: Slovenia was not accepted into NATO in 1999, and entry into the EU was also delayed.

In Slovenia, Kučan did everything to thwart the modern Janša Defence Law, which would bring Slovenia closer to Western allies.

January 14th, 1994

Smolnikar tells Kunstelj that Janša will fall by February 1st.

January 20th, 1994

The Commission for the Oversight of Security and Intelligence Services finds that VOMO operates “within the framework of legality”.

January 27th, 1994

After a thorough reading of classified documents, commission advisor Janez Lukač, investigating the background of the arms affair, tells MPs that the trail leads to President Milan Kučan, Miha Brejc, and Igor Bavčar. Dimitrij Rupel loses his temper over this discovery and demands the resignation of commission president Zoran Madon, later also demanding a ban on the entry of the journalist contributing to Delo and Slovenske novice into parliament.

February 2nd, 1994

The public prosecutor in Ljubljana dismisses the indictment against Janez Janša.

February 4th, 1994

President Milan Kučan and SOVA Director Drago Ferš meet.

February 11th, 1994

Witnesses at the arms commission meeting confirm the suspicions of Janez Lukač.

Kučan mentions weapons for the second and third time

February 15th, 1994

President Milan Kučan, Interior Minister Ivo Bizjak, and the head of the criminal service, Mitja Klavora, meet. New mail is sent to the Prime Minister’s Office from the Ministry of the Interior, mentioning conflicts between VOMO and the police, among other things.

Janez Janša later stated that the planners of his destruction were preparing actions involving at least ten drastic violations of the constitution and laws: “Klavora personally drafted a plan in which it was envisaged that police units would occupy state institutions, television, close the borders, and declare a state of emergency.” He also summarised Klavora’s note: “This is not in line with regulations, but it is feasible if approved by the Prime Minister and the President.”

There is a verbal duel between Janez Janša and the head of ZLDS, Janez Kocijančič, in the parliamentary committee for international relations. They also argue in the committee for the oversight of security and intelligence services.

February 16th, 1994

Three presidents – Milan Kučan (State), Janez Drnovšek (Parliament), and Herman Rigelnik (National Assembly) – meet. The imminent replacement of Defence Minister Janez Janša is mentioned, but the Prime Minister reportedly believes there is no compelling reason yet. A week later, Milan Smolnikar tells Mitja Kunstelj: “… look, Janša will go in March. The purges inside will be so severe…”

February 22nd, 1994

Members of the National Assembly cut the defence tolar. Janez Janša writes to Janez Drnovšek, alleging a violation of the coalition agreement.

February 23rd, 1994

Janez Janša writes a strictly confidential letter to the Prime Minister due to well-founded suspicions of suspicious dealings at the Ministry of the Interior, especially within the criminal investigative service, and the circumstances surrounding the formation of field cover-up groups, allegedly intended for gathering information on the Territorial Defence.

President Milan Kučan, in the evening in Nova Gorica, utters the words: “To overcome the enemy, all means have become permissible, not just those known to democracy, but all those that have nothing to do with democracy; first, disqualification and then liquidation, if necessary, even physical…”

On the same day, Milan Smolnikar tells Mitja Kunstelj that all his information regarding the Territorial Defence and Moris immediately reaches Milan Kučan.

February 24th, 1994

Milan Kučan repeats the statement made at Pahor’s evenings in Primorska on a radio show.

March 7th, 1994

The Bosnian Herzegovinian Embassy writes to the National Assembly, stating that Hasan Čengić would like to testify before the investigative commission. Some members of the commission perceive this as assistance from Alija Izetbegović to President Milan Kučan.

Radojčić leaves Ljubljana and surrenders to the Croatians

March 12th, 1994

At the merger congress of the Liberal Democracy, the Prime Minister confirms the political coordination meeting of the government and assures that “everything is within normal limits”.

March 14th, 1994

President Milan Kučan sends a letter to Prime Minister Janez Drnovšek, warning that there are organised groups within the Ministry of Defence engaged in intelligence activities. The political coordination in a narrower composition (Drnovšek, Bizjak, and Janša) is brief and aimed at calming the situation. Chief of Criminal Investigation Mitja Klavora and Director of VOM Dušan Mikuš are instructed to reveal the truth behind the rumours.

March 15th, 1994

Radojčić leaves Ljubljana and goes to Zagreb, where he surrenders to the Croatian authorities. He was tried in Zagreb later that year. During interrogations in March and April 1994, he extensively and precisely described his activities in the KOS and later, including his time in Ljubljana and the tasks he performed for Tone Peinkiher – Taksist. In his testimony, Radojčić stated, among other things: “Peinkiher asked me to devise a plan for the psychological-propagandistic downfall of Janez Janša. (…) Peinkiher told me that Kučan supported the project. Kučan has influence in all structures of the old nomenclature and among the old cadres of the new nomenclature of power in Slovenia, especially among the old SDV cadres, directors of major banks, major economic organisations in Slovenia, and in financial structures.”

Radojčić was accommodated in a ministry’s official apartment on Rojčeva Street in Ljubljana during his stay in Slovenia. During his time in Slovenia, he handed over 120 microfilms from the archive of the Yugoslav Military Security Service (KOS) to Peinkiher. Peinkiher did not inform his superiors about Radojčić’s stay, contacts, and the received microfilms.

March 16th, 1994

Janez Janša announced at a press conference that the government had accepted the Defence Act for the second reading, taking into account the comments of the National Assembly, but not the objections of Milan Kučan.

Final Preparations for the Concluding Act

March 17th, 1994

Milan Smolnikar arranges a Sunday meeting (on March 20th) with Mitja Kunstelj at a gas station in Domžale.

March 18th, 1994

Prime Minister Janez Drnovšek, Defence Minister Janez Janša, and Interior Minister Ivo Bizjak visit the Moris Special Brigade in Kočevje. The visit is intended to strengthen mutual trust.

March 20th, 1994

In Depala vas near Domžale, authorised individuals from the Ministry of Defence arrest Milan Smolnikar, to whom Mitja Kunstelj, posing as a “double agent of Vomo”, handed over the requested documents. Dušan Mikuš stated the following day: “No warrant was needed for this operation. Essentially, it was about protecting soldier Mitja Kunstelj,” in case Smolnikar attempted to escape with confidential documents. Milan Smolnikar claims he was beaten, but police officer Emil Sluga, who arrived first at the scene, stated in his report that “he did not see any beatings,” while the duty investigative judge Marjutka Paškulin stated that Smolnikar was only “scratched”.

March 21st, 1994

During the afternoon political collegium of the government, a commission of the Prime Minister is established to investigate the “Smolnikar case”, while in parliament, a delegation from the Commission for the Oversight of Security and Intelligence Services is formed. When asked by MP Marjan Stanič whether Milan Smolnikar had worked for them, Mitja Klavora responded that they had “contact” with Smolnikar, that they “also received some information” from him, but he does not want to specify when they started working with Smolnikar. He only says, “prior to this event”.

March 22nd, 1994

Mitja Klavora suggests to Dušan Mikuš that the criminal investigative service and Vomo should meet to clarify matters. Janez Drnovšek mentions to Lojze Peterle to consider the actions of the Christian Democrats if there is a proposal to replace Janez Janša. In the evening, Peterle meets with a group of theologians and reportedly receives the green light for any of the Prime Minister’s intentions: The main goal is to remain in the government, only then to defend the coalition partner.

Years later, Janša revealed that Drnovšek had told him at the time that he would be surprised by the role his friends played in this, referring to the Christian Democrats with whom he was in coalition at the time. He also admitted to him that they would replace him if he did not replace Janša. Otherwise, the then Interior Minister Ivan Bizjak knew more about Depala vas than Drnovšek himself. “Klavora, Kos, Kučan, who knew everything, Bizjak was called upon only when it was necessary to sign something. The Prime Minister was lied to, Bizjak’s responsibility is not questionable,” Janša stated more clearly.

Kučan escapes to the USA

March 23rd, 1994

Lojze Peterle makes his stance clear to the Prime Minister, while the Ministry of Internal Affairs announces at a press conference that they have filed charges against five employees of the Ministry of Defence. On March 26th, the Ljubljana prosecution will dismiss the charges as unfounded. Professors from the Faculty of Law, led by Dr Ljubo Bavcon, also speak out, stating that military security organs and military police exceeded their authority.

March 24th, 1994

In the report of the Prime Minister’s commission, signed by Lojze Janko, Božidar Voljč, and Miha Kozinc – with only Lojze Peterle’s signature missing – it is stated that employees of the Ministry of Defence acted illegally. At a press conference, Janez Janša asserts that he had already warned the Prime Minister in February about unauthorised actions by the criminal investigative service or the recruitment of Ministry of Internal Affairs personnel among the Moris special unit.

In the evening, the Prime Minister announces that Janez Janša will be replaced by Jelko Kacin, and Milan Kučan departs for America. The story repeats itself from 1988. Just like when Janez Janša was arrested, Milan Kučan was absent. Lojze Peterle is already opposed to the replacement of Janez Janša, as the Prime Minister’s move is causing unrest among party members.

March 25th, 1994

Janez Drnovšek assures at a press conference that the replacement has no political background but is a military intervention in the sphere of civil affairs, which is unacceptable. In the evening television programme Žarišče, it is noticeable that the Prime Minister already regrets his move.

March 26th, 1994

Defence Minister Janez Janša, at a press conference, believes that the action was justified and states that the Prime Minister’s commission did not consult the Ministry of Defence at all in elucidating the “Smolnikar case”. Mitja Kunstelj and Vojko Smole also appear before journalists.

National Democrats in the Slovenian Christian Democrats (SKD) threaten to leave if the leadership does not support Janša or if they do not withdraw from the coalition in the event of the dismissal of the Defence Minister. The phones at the SKD headquarters are ringing off the hook, and the faxes cannot keep up with all the statements in support of Janša or statements of withdrawal from the Christian Democratic party. Lojze Peterle is completely beside himself, as even Justice and Peace support the Defence Minister. There is also a threat of a split in the Church, from which a hint has reportedly come to act pragmatically despite everything.

Massive support from the people for Janez Janša

March 28th, 1994

In the parliamentary committees, the Liberal Democracy, and the Democratic Party of Slovenian Pensioners, with the help of Zmago Jelinčič, “overpower” with their majority. The parliament is completely filled with special forces. In the afternoon, 25 thousand people gather in front of the Prešeren Monument and later in front of the parliament, shouting in support of Janez Janša.

March 29th, 1994

In the early hours of the morning, Janez Janša is dismissed, and Jelko Kacin is elected as the new Defence Minister. Janez Janša later stated that it was not a conspiracy theory but rather a “practice of conspiracy”, and that the goal was to seize control of the state and sophisticatedly remove political rivals.

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