Commission Report (2002): Czech Republic

Civil and political rights

In order to reduce instances of degrading treatment by the police, training of the police is ongoing, including in the area of respect for human rights and communication with the public. Also, the State Prosecutors now are responsible for overseeing the investigation of police misconduct where this may constitute a criminal offence. However, efforts need to be continued to improve the system for redress against police misconduct, in particular through the adoption of a Code of Ethics.

Trafficking in human beings still remains a cause for concern but the Government has undertaken significant steps to combat it. The Czech Republic continues to be simultaneously a country of origin, destination and transit. The amendment to the Criminal Code, which entered into force in June 2002, extends the scope of the provisions to ``trafficking in human beings'' thus also covering children. Trafficking is also recognised as occurring out of the Czech Republic as well as into the Czech Republic, and in response, the related sentences have been increased. The Council for Human Rights highlighted the need to improve the prosecution and punishment of the perpetrators of trafficking in human beings. To this end it proposed a set of measures that were adopted by the Government but still need to be implemented. In July 2002 the Government adopted a report on the implementation of the 2000 National Plan Combating Commercial Sexual Abuse of Children and updated the Plan. The report highlights that the level of awareness and communication of the responsible organisations has improved. The Plan aims, inter alia, to further strengthen the legal framework.

As regards police custody, persons in detention continue to be unable to notify a third party, other than legal representatives, of their situation.

The average length of pre­trial detention decreased to 171 days at end of March 2002 compared to 176 days at end of March 2001. The amended Criminal Proceedings Code, which entered into force on 1 January 2002, regulates recourse to pre-trial detention, and should further reduce the number of persons held in custody. As of end March 2002, pre-trial detainees made up 18% of the total prison population (compared to 27% in May 2001).

Prison conditions continue to meet minimum international standards but also to attract criticism. Since the previous Regular Report, the Ministry of Justice has sustained its efforts to further improve the situation. Statistics from the Prison Services indicate that, as of end May 2002, the total prison population had fallen to about 17 600 (compared to 22 000 in May 2001). The rare use of alternative punishments limits the scope for a further reduction of the prison population. There remain concerns about the absence of judicial review procedures for prison service decisions regarding prisoners, such as disciplinary punishments.

In 2001 the number of asylum seekers continued to increase and in fact a record high number of 18 096 people requested asylum in the Czech Republic, an increase of 106% on 2000. As of end July 2002, 5,209 people had requested asylum since the beginning of the year, suggesting a progressive decrease from the peaks reached in 2001. The Government continues to fund an integration programme. An amendment to the Asylum Law, which entered into force in February 2002, tightened the conditions for granting asylum. It also established a second independent appeal instance for rejected asylum applications. The amendment also accelerates the processing of cases in which the reason for requesting asylum is not in line with the UN Convention relating to the Status of Refugees of 1951. The existing Aliens' Law has been criticised by the Council of Human Rights for not being anchored in a comprehensive migration policy.

The Ministry of the Interior`s Report on Extremism noted that in 2001 the number of racially motivated crimes that were registered rose to 452 compared to 364 in 2000 and 316 in 1999. The Czech Penal Code specifically penalises a number of acts motivated by racism and intolerance, including incitement to hatred. However, the implementation of the relevant provisions remains reportedly unsatisfactory, and there are indications that law enforcement agencies have, in certain cases, failed to take appropriate action.

As regards freedom of expression, there has been little progress in tackling the lack of transparency and stability in the television sector. This is a cause for concern, given the important role of television in any modern democracy. There are now two disputes between foreign investors and their Czech partners, about the ownership of broadcasting licences and control of commercial television stations, which may have to be solved in international arbitration courts. The Council for Radio and Television Broadcasting should exercise its responsibilities more effectively and needs to maintain its political independence.

As regards the freedom of religion, a new law on the freedom of religion and on the status of churches and religious societies entered into force in January 2002. The law regulates the status and registration of churches and religious societies. It provides that 300 members are necessary for the registration of a church or religious society as a legal entity. Moreover, in order to conduct certain activities, such as religious teaching in school, the law requires the collection of 10,000 signatures. The law has been criticised as discriminating against minority religions. Also, the Czech Bishops' Conference stated that the law infringes on the right of churches and religious societies to manage their institutions, especially those committed to social and charitable work, by imposing new administrative measures and controls.

The Government supported civil society through the publicly funded Foundation Investment Fund. In order to ensure that NGOs can become self-sufficient, the authorities have started to take steps to develop a legal and fiscal framework that is favourable to NGO development and promotes a responsible domestic donor culture. The amendment to the law on foundations and foundation funds, which regulates and standardises the regime of foundations and foundation funds, entered into force in July 2002.

As regards the restitution of property, in March 2002 the Government took further steps to transfer property to the Association of Jewish Communities in the Czech Republic, on the basis of the Act on the Alleviation of Some Property Injustices caused by the Holocaust. The Commission dealing with the reparation of property injustices caused by the Holocaust, which was set up in 1998, was wound up in March as it had fulfilled its mandate.

In 2002 there was considerable public discussion concerning the Czechoslovak Presidential Decrees of 1945 and ensuing post-war legislation relating to the Sudeten German population as well as restitution legislation and practice since the early 1990s. The then Prime Minister Milol Zeman and Commissioner Günter Verheugen made a joint statement in April 2002 on these issues. On this occasion they agreed to carefully review all legal aspects, including existing jurisprudence, of these complex matters. At the end of the reporting period this exercise was still ongoing. The Czech Parliament and the European Parliament also adopted resolutions on these subjects.

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