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Public Defender of Rights 2011

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Public Defender of Rights 2011 ANNUAL REPORT ON THE ACTIVITIES OF THE PUBLIC DEFENDER OF RIGHTS 2011 ANNUAL REPORT ON THE ACTIVITIES OF THE PUBLIC DEFENDER OF RIGHTS 2011 © Offi ce of the Public Defender of Rights, 2012 © Omega Design, s. r. o. ISBN 978-80-904579-2-8 Contents Introduction 7 1 / General Observations – Recommendations to the Chamber of Deputies 11 1 / Evaluation of the Recommendations for 2010 11 1 / 1 / Changed competence of highway administrative authorities 12 1 / 2 / Heritage preservation 12 2 / New Recommendations of the Defender for 2011 13 2 / 1 / Advice on the right to fi le an administrative action 13 2 / 2 / Exclusion from the jobseekers register for failure to appear at the contact point of public administration (DONEZ) 13 2 / 3 / Refund of value added tax to persons with disabilities 14 2 / 4 / Lotteries 15 2 / 5 / Health insurance for foreigners 15 2 / 6 / Territorial competence of distrainers 16 2 / 7 / Public Service Act 16 3 2 / Relations with Constitutional Authorities and Special Powers of the Defender 19 1 / The Defender and the Chamber of Deputies 19 1 / 1 / Petition Committee 19 1 / 2 / Healthcare Committee 19 1 / 3 / Committee on Social Policy 20 1 / 4 / Constitutional and Legal Committee 22 2 / The Defender and the Government 22 2 / 1 / Advising the Government of unlawful administrative practice 22 2 / 2 / Recommendations to the Government for amending laws 23 2 / 3 / Submission of comments by the Defender 24 3 / The Defender and the Constitutional Court 28 3 / 1 / Proposal of the Ministry of the Interior for annulment of a part of a municipal edict of the Chrastava municipality (regulation of gambling) 28 3 / 2 / Proposal of the Ministry of the Interior for annulment of a municipal edict of the Františkovy Lázně municipality (regulation of gambling) 29 3 / 3 / Proposal of the Ministry of the Interior for annulment of a municipal edict of the Kladno municipality (regulation of gambling) 29 Annual report on the activities of the Public Defender of Rights 2011 Contents 3 / The Defender and Public Administration 31 1 / Basic Statistical Data 31 1 / 1 / Information on complaints received 31 1 / 2 / Information on complaints handled 33 2 / Selected Complaints and Commentaries 33 2 / 1 / Social security 33 2 / 2 / Work and employment 40 2 / 3 / Family and child 41 2 / 4 / Healthcare 43 2 / 5 / Courts 45 2 / 6 / Land law 49 2 / 7 / Construction and regional development 50 2 / 8 / Environment 54 2 / 9 / Misdemeanours against civil cohabitation, protection of a quiet state of affairs 56 4 2 / 10 / The Police 58 2 / 11 / Prison system 59 2 / 12 / Transport 62 2 / 13 / Taxes, fees, customs 64 2 / 14 / Foreigner-related agenda 65 2 / 15 / Records of the population, registry offi ces, travel documents, data boxes 68 2 / 16 / Right to information, personal data protection 69 2 / 17 / Consumer protection 71 2 /18 / State supervision over and control of regional self-government 73 2 / 19 / Other administrative authorities 74 2 / 20 / Indemnifi cation 77 4 / The Defender and Detention Facilities 83 1 / School Facilities for the Exercise of Institutional and Protective Education 84 2 / Medical Facilities for Children 87 3 / Follow-up Visit to the Světlá nad Sázavou Prison 88 4 / Thematic Visit to a Facility for the Detention of Foreigners 88 5 / Malnutrition 89 6 / Guardianship 90 Contents 5 / The Defender and Discrimination 93 1 / Recommendations and Research 93 2 / Statistical Information on Complaints 96 3 / Selected Complaints and Commentaries 96 4 / Special Powers of the Defender 99 6 / Supervision over the Expulsion of Foreigners 103 1 / Monitoring of Administrative Decisions and Court Decisions 103 2 / Escorts 104 7 / The Public Defender of Rights and his Offi ce 107 1 / Budget and Spending in 2011 107 2 / Personnel in 2011 107 3 / Annual Report on the Provision of Information Pursuant to Act No. 106/1999 Coll., on Free Access to Information 108 4 / Presentation in the Media, International Cooperation, Conferences 108 5 4 / 1 / Press releases, TV series, website 108 4 / 2 / International meetings and conferences 109 4 / 3 / Conferences and round table meetings organised by the Public Defender of Rights 110 8 / Summary 113 Annual report on the activities of the Public Defender of Rights 2011 6 Introduction In the submitted annual report, JUDr. Pavel Varvařovský, the Public Defender of Rights (hereinafter also the “Defender”), sums up his control activities in the area of public administration, detention agenda, discrimina- tion agenda and supervision over the expulsion of foreigners in 2011. In this Annual Report, the Defender places emphasis particularly on the general observations following from his activities. The Report is therefore more detailed especially in the parts dedicated to the Defender’s legis- lative recommendations to the Chamber of Deputies and his commenting on legal regulations, while adopt- ing a more concise and, compared to previous years, illustrative approach in the part dealing with inquiries into specifi c cases, whether in the area of control of public administrative authorities, systematic visits to facilities where persons restricted in their freedom are held and in the area of non-discrimination law. The Report is divided into seven parts. The fi rst part draws general conclusions on the most severe problems and, at the same time, the Defender at- tempts to outline options for their resolution in the form of recommendations to the Chamber of Deputies. The second part of the Report is dedicated to the Defender’s special powers and his participation in proceed- 7 ings before the Constitutional Court. The Defender also provides information in this part on his activities in commentary procedures, the agenda of administrative actions to protect public interest and the agenda of disciplinary actions. The third part comprises statistical data and presents observations made in individual areas of governmental authority. In accordance with Section 2 (4) of the Public Defender of Rights Act (Act No. 349/1999 Coll., as amended), the Defender entrusted his deputy, RNDr. Jitka Seitlová, with the exercise of a part of his mandate. Thus, the Defender’s conclusions and standpoints in the areas family and child; healthcare; land law; con- struction and territorial development; environment; citizens registry; right to information; consumer protec- tion; State supervision and control over local authorities; and personal data protection, mean the conclusions and standpoints of the deputy of the Public Defender of Rights. In the fourth part, the Defender presents information on the results of his systematic visits to facilities where persons restricted in their freedom are held (the so-called detention facilities). The fi fth part focuses on protection against discrimination under the so-called Antidiscrimination Act (Act No. 198/2009 Coll.). In the sixth part, the Defender presents the mandate newly entrusted to him in the area of the so-called Returns Directive, which consists in monitoring the exercise of administrative expulsion, surrender or transit of detained foreigners and the penalty of expulsion of foreigners who were placed in pre-expulsion custody or are serving imprisonment. The seventh part comprises general information on the management of funds by the Offi ce of the Public Defender of Rights (hereinafter also the “Offi ce”) and on the Defender’s international activities. The eighth part is the closing summary. Annual report on the activities of the Public Defender of Rights 2011 Introduction The Annual Report contains observations from all areas of the Defender’s mandate (control of public admin- istration, detention agenda, discrimination agenda) and, as such, it includes, among other things, – a report pursuant to Art. 23 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; – a report in the sense of Art. 13 (2) of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; – a report in the sense of Art. 8a (2) of Directive 2002/73/EC of the European Parliament and of the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; – a report in the sense of Art. 20 (2) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. 8 10 General Observations – 1 Recommendations to the Chamber of Deputies The general observations made by the Defender in the previous year, taking the form of his recommenda- tions to the Chamber of Deputies, are newly provided in the fi rst part of the Annual Report. In relation to the Chamber of Deputies, the Defender regards these general observations as the most important part of his annual information for the Chamber, to which he is accountable for the discharge of his offi ce. By virtue of providing this information, the Defender also fulfi ls his duty pursuant to Section 24 (1) (a) of the Public Defender of Rights Act (Act No. 349/1999 Coll., as amended) to submit recommendations for amendments to legal regulations to the Chamber of Deputies. The Defender fi rst briefl y evaluates the fulfi lment of his 2010 recommendations addressed to the Chamber of Deputies, where he referred to amendments to the legal regulations that he considered desirable. The Defender simultaneously attaches new recommendations that followed from his activities in 2011. He again concentrates only on those recommendations that he considers absolutely essential (there are there- fore no more than ten such recommendations). The Defender will welcome it if the Chamber of Deputies itself ensures that the recommendations are refl ected in the applicable legal regulations in the form of an MPs’ initiative and, to this end, the Defender will yet again strive to make sure that the individual recom- mendations are examined by the relevant committees of the Chamber of Deputies.
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