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