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Czech Republic1 The construction of a metal fence between Roma and the majority population in the Maticni Street in the North Bohemian town of Usti nad Ladem received worldwide attention. © Czech Helsinki Committee IHF FOCUS: Freedom of expression and lation improved the rights of former resi- free media; the judicial system; fair trial; dents of Czecho-Slovakia but left some conditions in prisons and detention facili- loopholes which could, potentially, be ties; protection of ethnic minorities; citi- used against individuals. In the field of zenship; protection of asylum seekers and children’s rights, new legislation was immigrants. adopted, and more legislation was pend- ing, improving the situation of children but The main human rights concerns in the failing to solve some serious problems. Czech Republic concerned prolonged ju- dicial proceedings, particularly in civil Freedom of Expression and cases, and the failure to adequately re- the Media solve the “Roma question”, which contin- ued to raise attention internationally. On 7 December, the Chamber of Deputies Criminal libel remained in Czech legisla- passed a heavily amended version of the tion, a fact which contributed to self-cen- press bill. The new bill did not contain sorship. The situation of asylum seekers re- provisions imposing large fines or the sus- mained precarious. New citizenship legis- pension of the publication of a newspaper 1 Based on the Annual Report 1999 of the Czech Helsinki Committee. 124 Czech Republic or magazine that had fomented violence even though doubts about their guilt re- or spread racial hatred, because such acts mained. were already banned by the criminal code. The new legislation limited the right In dubious cases, individuals were some- to respond to incorrect information pub- times held guilty due to poor professional lished by the media: the earlier law had qualifications of the police. In several guaranteed such a right in relation to the cases, police overlooked or destroyed cru- publication of both correct and incorrect cial evidence. In other cases, they ob- information. Now, a publication also has tained evidence by illegal means, resorting the right to comment on responses.2 to violence, criminal activity and bribery. Journalists could be charged with making Insufficient funding and a lack of supervi- “false accusations” under the criminal law, sion of the use of funds both affected po- which provided for prison sentences. lice work. Low wages resulted in a drain of competent experts, shortage of police offi- ■ On 13 December, the State Attorney’s cers, permanent overtime work, and diffi- Office filed a lawsuit against journalist culties in recruiting suitable officers. More- Zdenek Zukal for making “false accusa- over, the prosecutors’ supervision of po- tions” against police officers in the town of lice work and guidance in legal matters Olomouc. If convicted, Zukal could face a was frequently inadequate. prison sentence of up to three years. Zul- kal had alleged links between the Olo- The courts, under pressure to sentence of- mouc police force and organized crime.3 fenders, tolerated the poor preparation of cases. They also rarely used alternative The Judicial System methods of proceedings – for example, mediation between the victim and perpe- The functionality and efficiency of the trator or the conditional suspension of criminal justice system was influenced by criminal proceedings. Alternative sen- a number of factors, not all of which di- tences to imprisonment for minor offences, rectly involved the operation of the courts. such as petty theft or failure to pay alimo- For example, the preparation of cases, in- ny, were equally rare – a fact that in no vestigations, collecting evidence, and the way assisted the rehabilitation of offend- work of the prosecutor often impeded the ers. operation of courts. The courts also lacked modern recording The collection of evidence by the police, equipment for the court’s records, result- under the supervision of the prosecutor, ing in both unnecessary delays in the hear- caused particular concern. Their work was ings and the distortion of statements. Such inconsistent, and often insufficiently estab- technical problems were sometimes a sub- lished the core of the case. The incompe- stantial impediment to the work of appeal tent and insufficient work of the police courts because the records of the cases often resulted in a chain of failures and un- were typed according to the orders of the substantiated delays in judicial proceed- preceding judge, and thus only reflected ings, leading to the miscarriage of justice: his/her attitudes. innocent individuals were convicted and perpetrators were released. In addition, the Other serious problems in the Czech judi- courts sometimes held individuals guilty cial system were the failure to observe the 2 RFE/RL Newsline, 8 December 1999. 3 RFE/RL Newsline, 14 December 1999. 125 Czech Republic dubio pro reo principles (i.e., when in governmental bill to amend the civil pro- doubt, the court should decide in favor of cedure code. The new code was passed the defendant), observance of objective and will come into force in January 2001. truth and the right of the defendant to speak his mother language. Court decisions in matters of restitution pursuant to the Extra-Judicial Rehabilita- Many individuals, particularly foreigners, tion Act No. 87/1991 were also problem- spent extremely long periods in detention, atic. If individuals with restitution claims often because courts failed to observe succeeded in attaining judgment, the legal provisions. Many courts, for example courts often ordered the defendant to sur- the court in Kladno, refused conditional render his/her real estate to the claimant, release almost systematically, thereby but left the plot of land concerned in the overburdening the already suffering peni- possession of the defendant, resulting in tentiary system. an untenable situation. Several applica- tions for extraordinary remedies were The modification of the criminal proce- filed, including a complaint to the Consti- dure code was underway. It will assign, tutional Court with reference to courts’ inter alia, the central part of the criminal misinterpretation of the act. Two of the proceedings to the courts and is expected complaints were filed by the Czech to make the work of the authorities more Helsinki Committee. efficient by preventing the unnecessary repetition of certain procedures. Conditions in Prisons and Detention Facilities Fair Trial The situation in the penitentiary system in Non-observance of the right to a fair trial the Czech Republic has been alarming for was the main human rights problem in the a number of years. According to the Czech field of civil law. European standards were Helsinki Committee, the prison system violated by all levels of the civil courts. was expensive and obsolete, and ran inef- fectively. It claimed that without funda- Lawsuits dragged on for several years. mental changes, it would not be able to Sometimes the delays stemmed from the continue to maintain the semblance of complexity of the case, but in the over- meaningfulness it has been able to demon- whelming majority of cases, the delays strate. The penitentiary system was stag- could not be justified. Courts simply ad- gering under the weight of a large number journed the proceedings to an unspecified of problems, caused by overcrowding and date, sometimes even for one year. In re- a desperate financial situation. sponse to a complaint by the Czech Helsinki Committee, the presiding judge in The prisons were overcrowded: as of 12 a regional court admitted to inadequate November, the detention facilities housed delays, but only cited the excessive work- inmates at 113 percent of their capacity; load of judges as a justification. prisons at 123 percent of their capacity. Some penitentiaries accommodated in- As a result of prolonged proceedings, more mates at 50 percent beyond their capacity. and more individuals decided not to file a The overcrowding of prisons could be at- claim, as they could not afford the costs of tributed to the tendency of courts to place legal proceedings expanding over years. too many suspects in custody; ignorance of alternative sentences; an inefficient pen- In December 1999, the Chamber of itentiary system; and insufficient post-pen- Deputies of the parliament discussed a itentiary care. 126 Czech Republic Many criminal suspects were placed in that single-bed cells be introduced, and custody awaiting trial, a time that could prisoners be provided with productive turn into years. Most judges had little trust work. in using new, alternative punishment in- stead of imprisonment, or mediation be- Post-penitentiary care fell seriously short tween the defendant and the plaintiff, of international and domestic standards. which aimed at solving the dispute on a Former prisoners were left virtually all civil basis. In addition, the system of pro- alone and were not even offered tempo- bation was underdeveloped. This was rary accommodation and employment – or partly due to a lack of governmental inter- if such a possibility existed, they were est on the issue. The regulation and imple- often not informed of it. This omission left mentation of alternative sentences, such as them poorly equipped in terms of their the performance of publicly beneficial reintegration into society. work, was also addressed unsatisfactorily. As a rule, the municipalities were not in- Protection of Ethnic Minorities terested in offering job opportunities to of- fenders because it would have brought The Roma them additional responsibilities that were not clearly defined. The financing of such 1999 did not bring any marked changes in alternative punishment was not clearly the field of minority rights. Although the regulated either. Moreover, the Peniten- state was aware of the necessity of inte- tiary Administration did not take effective grating the Roma into Czech society, the measures to find places of work. measures taken by the state were slow, dif- fident and inconsistent.

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