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Protiprávnosti a nechutnosti v ČR

* Abuse of human rights by Czech judges should not be paid by the taxpayers

Vydáno dne 07. 04. 2007 (3448 přečtení)

During the period 1993 - 2006 unknown perpetrators have discharged their duties in a way being inconsistent with the law, whereby they have caused damage to the Czech Republic amounting to more than 19 million Czech crowns.

Policie ČR / Police of the Czech Republic

Služba kriminální policie a vyšetřování / Criminal Police and Investigation Dep.

Sokolovská 38

120 00 Praha 2/Prag 31.10.2006


C o m p l a i n t

lodged with the Police of the Czech Republic



against unknown perpetrators among judges of public courts of the Czech Republic (i.e. of district, regional, city and upper courts, of the Supreme Court and of the Supreme Administrative Court) as well as among the judges of the Constitutional Court of the Czech Republic for being guilty of the criminal offence of abusing the power of civil servant according to § 158 paragraph 1, letter a) of the Penal Code.

The reason of the complaint:

During the period 1993 - 2006 unknown perpetrators have discharged their duties in a way being inconsistent with the law, whereby they have caused damage to the Czech Republic amounting to more than 19 million Czech crowns.


J u s t i f i c a t i o n


According to media information the Czech Republic was condemned many times by verdicts passed by the International Human Rights Court in Strasburg to pay damages to Czech plaintiffs for the reason of unlawful rulings issued by judges of public courts as well as by the Constitutional Court of the Czech Republic, e.g. according to the daily newspaper „Mladá Fronta Dnes“ of the 9th August 2004; this amount has reached about 19 million Czech crowns.


This amount has been unlawfully and without justification taken out from the state budget - and paid to the detriment of all tax payers who did not caused these losses in any case. Their responsibility is in no causal connection with these unlawful judgements.


Exclusively and fully responsible for the losses caused since 1993 till now are concrete judges of public courts of the Czech Republic and of the Constitutional Court; they personally have signed their unlawful and unconstitutional decisions. An example of a similar case concerning the same problem is the amount of 3 500 € mentioned by the daily newspaper “Právo” on the 6th October 2004; newspaper “MF Dnes” 27.10.2006.


I demand that the Czech Police authorities require the following written evidence being necessary for the purposes of the investigation concerning the above stated complaint:

i.e.:


1)

From the Ministry of Justice of the Czech Republic and from its organizational constituent – from the Office of the Governmental Plenipotentiary responsible for the Representation of the Czech Republic at the European Human Rights Court in Strasburg:

The list of all court cases in which the Czech Republic has been condemned by the European Human Rights Court in Strasbourg or by the UN Human Rights Committee in Geneva to pay damages to plaintiffs in all cases termed as unlawful decisions made by the concrete public courts and as unconstitutional decisions made by the Constitutional Court of the Czech Republic breaching the international treaties which the Czech Republic is bound by: The Human Rights and Basic Liberties Treaty (see the notification No. 209/1992 and the Announcement Nr. 169/1991 of The Collection of Laws of the Ministry of Foreign Affairs).


2)

From the Ministry of Justice of the Czech Republic:

The list of all individually responsible public courts´ judges as well as of the Constitutional

Court´s judges who have signed these unlawful decisions.


3)

From the Ministry of Finance of the Czech Republic and from the Ministry of Justice of the Czech Republic:

The documents and orders showing the date of the compensation refunds paid to the plaintiffs; the respective amounts as well as the names of the employees of these two institutions who made decisions on this matter; in what way they did it; who signed these orders.

4)

From the Ministry of Finance of the Czech Republic and from the Ministry of Justice of the Czech Republic:

Which employee of which ministry has ordered it and when.


5)

From the Ministry of Justice of the Czech Republic:

What concrete reasons did have the responsible ministry employees for not requiring damages in procedures of recourse from the judges mentioned above?


6)

From the Ministry of Justice of the Czech Republic:

Why and for what reasons investigations arising from the legal institute of the official duties (ex offo) concerning the criminal offences termed as „abuse of power of civil servant“ have not been initiated.


8)

From the Ministry of Justice of the Czech Republic

Which concrete employees of the Ministry of Justice of the Czech Republic were and are personally responsible, according to the Organizational Order of the Ministry and to their work specification, for having failed to exact damages and whether proceedings for dereliction of duty have been initiated against them.


9)

From the Constitutional Court of the Czech Republic:

A statement exactly stipulating that the decisions of the Constitutional Court of the Czech Republic are made by judges of this Court only or an admission that decisions made by the Senate of this Court are in fact made by their assistants only, i.e. by persons without the appointment made by the President of the Czech Republic. Such decisions made by non-appointed officers of the Constitutional Court would be invalid from the beginning.


10)

From all assistants of the Constitutional Court of the Czech Republic:

Their declaration stipulating if their expert opinion concerning a certain issue is final or not and if its contents can be compared with the final decision of the Senate of the Constitutional Court of the Czech Republic received by the plaintiff (party to the process).


11)

I propose that the Czech Police authorities,

owing to the above stated facts, interrogate all specific suspected judges of general courts as well as of the Constitutional Court of the Czech Republic who have signed unlawful and unconstitutional decisions in the period from 1993 to mid-2006.


12)

I propose that the Czech Police authorities,

owing to the above stated facts, interrogate all ministers of Justice of the Czech Republic who were in office from 1993 to mid-2006 (Jiří Novák, Jan Kalvoda, Vlasta Parkanová, Pavel Rychetský, Otakar Motejl, Jaroslav Bureš, Vladimír Špidla, Karel Čermák, Pavel Němec)


13)

I propose that the Czech Police authorities,

owing to the above stated facts, interrogate all ministers of Finance of the Czech Republic who were in office from 1993 to mid-2006.


14)

I propose that the Czech Police authorities,

owing to the above stated facts, interrogate all individual responsible employees of the Ministry of Justice of the Czech Republic and the Ministry of Finance of the Czech Republic who made decisions concerning indemnities to plaintiffs and did not exact through recourse proceedings or in a civil process damages from responsible judges as consequences of their wrongful decisions.


15)

I propose that the Czech Police authorities

ascertain why these cases have not been yet lodged for investigations to the Czech Police authorities.


16)

I propose that the Czech Police authorities require:

From the Constitutional-Legal Committee of the Parliament and the Senate of the Czech Republic:

A written standpoint stating concrete reasons why MPs and the Senators have left the word „may“ instead of „must“ in § 16 of the law No 82/1998 of the Collection of Laws, concerning responsibility for damage caused by a decision or incorrect official procedure in the course of enforcement of public authority.


17)

I propose that the Czech Police authorities require:

From the Minister of Justice of Czech Republic Jiří Pospíšil:

To give grounds leading to the fact that criminal offences made by judges in the Czech Republic are not being investigated and why the Czech Police authorities do refer the complaints lodged against suspected judges to public prosecutors, in most cases even to presiding judges and to the Ministry of Justice of the Czech Republic - Section of General Inspection, in spite of the provision of the § 12, paragraph 1 of the Penal Code stipulating that these authorities are not parties in procedures treating criminal offences. The Czech Police authorities and public prosecutors abuse in such way their official positions. The concerned presiding judges are usually accustomed to point out only their inability to interfere in the judge´s independence. Otherwhiles they deny to undertake any activity saying that they are not in capacity of an authority acting in criminal proceedings but they do not delegate the concerned case back to the Czech Police authorities. The Department of the Supervision and General Inspection of the Ministry of Justice is accustomed to go a similar way. Such attitude causes a long term persecution of many Czech citizens.


18)

From the Minister of Justice of Czech Republic Jiří Pospíšil:

How long does exist the unwritten agreement on the all-state level made between the Ministry of Justice and the Ministry of Interior sectors concerning their intentional inactivity in investigating of unlawful acts of judges – in concrete terms: among the officers of the Department of the Supervision and General Inspection of the Ministry of Justice, presiding judges and the responsible public prosecutors as well as the Police investigators. Who will change this unwanted and unlawful state and by what means will it be done?


19)

From the Minister of Justice of Czech Republic Jiří Pospíšil and from the Minister of Interior of the Czech Republic Ivan Langer:

Why it is possible that in such a law respecting state as the Czech Republic try to be, the employees of the ministries mentioned above in the section 18 do make agreements in advance, become united and join their forces against the petitioners in order to give an intentional kind of irrelevant and uniform or mutually very similar answers only?


20)

From the Minister of Justice of Czech Republic Jiří Pospíšil and from the Minister of Interior of the Czech Republic Ivan Langer:


Which legal statute authorizes judges in the Czech Republic to become a sort of “privileged perpetrators” which need not to observe the Penal Law and the Penal Code and whose offences against the law are not being investigated and mostly remain open - uninvestigated. Such acting represents, apart of others things, a breach of the principals of equality before the law!


I demand to be informed in writing form about all measures taken in the case of the above lodged complaint. According to the statutory provision stated in § 65, paragraph 1 of the Penal Code

I demand to be given the opportunity to inspect the dossier.



Dr. Marta Chovancova, LL.M. Czech Republic Translated into English 15.2.2007



[Akt. známka: 5,00 / Počet hlasů: 1] 1 2 3 4 5
Celý článek | Autor: Dr. Marta Chovancová | Počet komentářů: 2522 | Přidat komentář | Informační e-mailVytisknout článek | Zdroj: PUP BIS ČTK

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