Emblem of Patriotic Republican Party

RNDr. Jiří Šoler CSc., Member of Parliament of the Czech Republic

Committee for Local Administration, Regional Development and Environment

Patriotic Republican Party

Elišky Přemyslovny 393, 156 00  Praha - Zbra­slav, Czech Republic
tel/fax: (02) 401 00 96, e-mail: soler@psp.cz

Comments to the Country Reports on Human Rights Practices for 1994 (Czech Republic)

Jiří Šoler


This paper contains some critical comments to the Country Reports on the Human Right Practices for 1994 submitted to the Commit­tee on Foreign Relations of U.S. Senate and the Committee on International Relations of the U.S. House of Representatives by the Department of State in accordance with sections 116(d) and 502B(b) of the Foreign Assis­tance Act of 1961 issued on the February 1995. It is intended for the information of the U.S. representatives about the actual situation in the present Czech republic.

The first comment concerns creation of the Czech Republic by disintegration of Cze­cho­slo­va­kia. This act was realized with no attempt to obtain agreement from the citizens, e.g. by the form of a referendum. The act reminds the simi­lar act of disintegration of Cze­cho­slo­va­kia in 1938‑39 after the Munich Treaty, the act evaluated by the Interna­tional Mili­tary Tribunal in Nuremberg as the crime against peace. This act is similar to other simulta­neous acts of disintegration resulting in consecutive wars, e.g. in Yugoslavia, Soviet Union etc. Initi­ators of such kinds of national and ethnic animos­ity, resulting often in wars, should be sub­jected to trial of the similar tribunal, since their activ­ities should be evaluated as attempts to initiate the war. It con­cerns not only offenders of individ­ual crimes or national and eth­nic leaders, but also politicians initiating artificially such conflicts; in present Europe, e.g. such persons, as are Klaus Kinkel, Helmuth Kohl or William Clinton. And on the national level, blame of such personalities as is Václav Havel, Václav Klaus and Vladimír Mečiar should be evaluated and punished.

It is worth to mention, that present ma­nipula­tion with the national and ethnic identity often follows the same methods used by the Nazi. Disin­tegration of Czechoslovakia, the role of Sudetten Germans, also of the quisling Havel family, the quisling politi­cal systems in Slovakia and in Croatia, etc. Con­siders the U.S. government this fact when it sup­ports present Germanic expansion? And considers it approx. 300 000 American victims of the Nazi? Our nation­al experience and slight greater number of victims of much less Czech population requires a precaution. And the same precaution requires our thousand-years experience with the German neigh­bour.

Former Italian fascism and later German Nazi expansion was preceded by mighty moral ideologi­cal preparation associated with growth of national­ism and pompous celebrations, i.a. with the torch parades. May anybody wonder, when we are afraid after the new torch parades in Bonn of the new genocide of the Slavic nations in Europe?

On the other hand, I wonder from the Report's statement, that the most important human rights problem in the Czech Republic is prejudice against the Roma minor­ity. This problem naturally exists, but may it be con­sidered as the most principal in the state, the head of which occupies political gang­ster Václav Havel? I cannot accept it!

The first Nazi disintegration of Cze­cho­slo­va­kia is related to the artificial exaggerated problem of the Sudeten Germans. I am afraid, that exagger­ation of the Roma population problem follows the same goal, when Sudeten Germans were transferred abroad. In addition, some aspects of the Roma problem, particularly prejudice of the common inhabitants, have been artificially provoked by some exhibitions of the false humanism of Václav Havel and his epigons; I let to your awareness, if those exhibitions have been accomplished intentionally. Some of them reflect present inability of the police to get the Gipsy (or Roma) criminality under its control. And, naturally, some of them result from the animosity against the inhabitants of another ethnic origin, another tradition (i.a. rule, according to which any crime against Gaja - the Roman term for the non Gipsy people - is no sin), slight another look, another mother tongue, similar to the animos­ity of the white Americans against other ethnic inhabit­ants, to the often animosity of the dark Afri­cans against the white inhabitants etc. Such animos­ity is natural effect, and if it does not follow into the expression of violence or discrimination, it may be tolerated.

One very painful problem inherited from the communistic past is the housing problem. All life of many of us has been influenced by this prob­lem, so any abnormal practice in this field is very sensible. Meanwhile in the past, practically only way for major­ity of us has been disposal of the tenement from the state; many young peoples and/or families have been waiting for the housing more than 10 years. Ultimately, the situation is now rather worse.

Already under the communistic system, the Gipsy families have the possibility as "social" case to obtain a tenement with higher priority then others. In addition, many Gipsy families in several years completely demolished the tenement and obtained new one. It can be easy understand, that this situ­ation dis­pleased other handicapped inhabit­ants against Gipsies. But well‑known case of Gipsy family Červeňák in Ústí nad Labem, which have obtained a ten­ement exclusively out of any queue on the direct request of Václav Havel raised the similar animos­ity to Gipsies, like the recent trial in U.S.A. raised new distrust of the U.S. inhabitants to the dark popula­tion, and also to the ability of state to protect white population against "dark" criminality.

Naturally, the problem of Roma (Gipsy) popu­lation (as typical representant of the social unadaptable community) exist, similarly as similar problems anywhere in the world. But some prob­lems were (perhaps intentionally) raised by the false humanity of such social irresponsible personalities like Václav Havel, some of them are perhaps exag­gerated to produce political instability in our coun­try.

The best evidence of the political rights of Rome is Gipsy MP Ladislav Body. On the contrary to representant of Gipsy initiatives related to fas­cistic Civic Forum, which have lost any credit of electors, the demo­cratic Rome deputy Mr. Body has been elected.

I believe, that majority of the conflict with the Gipsy inhabitants results not from racial reasons, but from their social unadaptability and criminal behav­iour. Some ethnic prejudice is also produced inten­tionally to destabilize our political climate. But, naturally, some cases may easily change to true racism, some of them have already come over. And the blame is not only on the skinheads and similar groups, but also on the irresponsible politi­cians raising artificially those problems.

To Section 1. Respect of the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial killing. - Some person has been found murdered on the bottom of the Water Reservoir Orlík. Probably economical criminality of businessmen, but the political back­ground cannot be excluded.

c. Torture and other Cruel, Inhuman, or Degrading treatment. - Such cases have occurred in cases Bar­tončík (offenders Václav Havel, Jan Ruml, Pavel Rychetský, Michael Žantovský), where trial and punishment of offenders are impossible due to high political posi­tion of offenders, and the case Müller (has been for 4 hours lashed by handcuffs to warm heating at the police station; during his visit in my home, he still exhibited stigmata on his hands). My interpella­tion reports also one case of the inhuman treatment of the mentally dis­abled child (case Ko­pecký - Juříček, page 33).

d. Arbitrary Arrest, Detention, or Exile. Mr. Mül­ler mentioned above, after his experience with a tor­ture, said me, that he demands for asylum some Scandinavian state, since he consider it as the only security measure against terror of the present post com­munistic regime. I can add no additional com­ments.

e. Denial of the Fair Public Trial. There is often inhibited free access of public (including Parlia­ment members) for politi­cal trials. E.g. cases To­máš, Matoušek, even MP Kuba has been pursued for attack of the court guard during one such case (my interpellation, page 11).

I can also report about the political prisoner. Bohumil Pour has been locked up for several months due to verbal attacks and telephonic threat to politi­cians. It is simultaneously the first regis­tered case of anti-chartistic resistance movement.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence. Any opposition politi­cian has some experience with the violation of privacy by taping telephone calls, lost correspon­dence etc. But I have available no true evidence of it.

Respect for Civil Liberties, Includ­ing:

a. Freedom of Speech and Press. - Information of the U.S. State Department is regretful. There were at least two peoples adjudged for the defamation of president Václav Havel: cases Matoušek and Spá­lovský. The journal "Politika" was prohibited, his editor Tomáš has been adjudged to interdict of the editor activity. Even Members of Parliament, in­cluding me, was requested to apologize to president Havel for presenting of the true facts about candi­dates past (i.a. facts about the quisling past of Havel family and about his personal crime against humanity - case Bartončík) during the president elections in 1993; when I have rejected to apologize to crimi­nal, persecution has been limited only to my exclu­sion from any official foreign activity.

Since all journalists have perfect experience with auto-censorship from the communistic times, some personal changes and interdict of the journal "Politika" has been sufficient to stop any true oppo­sition press; even the traditional fear of the free express­ion of political thought again acts, similarly as in the old communistic times; the open express­ion of the political criticism again may result in the loose of critic's job. Such cases are often, but evi­dence of such cases is impossible, particularly under the surviv­ing fear of po­tential witnesses.

Almost all mass media are owned by the foreign, in majority German and American, owners, which inhibit publication of any true oppo­sition opinions.

Many academic workers lost their jobs after their exhibition of nonconformist views. The same can be applied to police investigators, see e.g. the case Tomáš. Similar measure is also reported in your Report in relation to Nazi provocation in Terezín.

b. Freedom of Peaceful Assembly and Association. Life of the (opposition) political parties and civic associations is negative­ly influenced by the adminis­trative interventions of the state authorities. There are organized fascistic troops disabling free assem­bly of the non conformist citizens.

The mandatory registration of political parties and their statutes is attempted to use for their mani­pulation.

The detailed discussion of the Nazi provocation in Terezín can be found in my interpellation. All provocations of the neo Nazi organizations of Sude­ten Germans represent violation of the international Postdam Treaty and article 107 of the UNO Char­ter.

To Section 3 Respect to Political Rights: The Right of Citizens to Change Their Government.

There can be found many mechanisms for manipulation of election, analyzed in details in the interpellation. The newly accepted election law introduces except of 5 percent threshold additionally the financial bails for the candidates introducing in fact the indirect property census; this measure is evident violation of the constitution guaranteed politi­cal right of the free passive election right.

Besides Senate, out constitution also introduce the Self-government Regions. While the election law for the Senate has been recently accepted and its constitution can be expected soon, the Self-gov­ernment Regions was not still defined and its con­stitution was again suspended. By my opinion, the role of the Senate in the small state without consti­tuted Self-government Regional Units is problem­atic, and out political system can be democratic even without its constitution, but rejec­tion of regional self-government represents essential lack of democracy.

As reported earlier, there is one Roma MP, naturally not from the fascistic Roma Civic Initiat­ive. Parliament was constituted as the Nation­al Council of the Czech Republic, the part of Czechoslovakia, when representa­tion of the Slovak minority was not so significant; I have no informa­tion about the nationality of MP's. Naturally Slovak and various mixed families (many of them must find out their relations to the Czech Republic even until the disintegration of Czechoslovakia) create the most significant minority, but there is also significant Polish minority.

To Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights.

The report very accurately defines, that all initiatives respecting political gangster Václav Havel as symbol of humanism have no restrictions in their activities. The quality of their activities is excellent­ly reflected in the quality of the Report. Concerning other independent initiatives, the cooperation of government is often limited to monitoring their activities by secret police BIS. Such activities are labelled as "extremists", and their actions are cor­rupted by the BIS activities, similarly as activities of any other true opposition activities.

Religious minorities. Activities of the Jewish Rabbis from New York early after the defamation of the graves of Nazi victims in Terezín have raised sig­nificant grow of the anti‑Semite feelings; the same can be mentioned about the political trial "Tomáš" organized primarily by the Jewish community. If activities of such kind would continue, the feelings may grow into true anti-Semitism. But it is a prob­lem soluble particularly by those communities and their leaders.

Consider, please, that also Stalin and Hitler were some time dissidents in their countries. May their dissident past be used as guarantee of their government, when they retained it?

To Section 6.

The citizenship law from 1992 represent no actual restriction for Roma inhabitants. They had freedom to select Czech or Slovak nationality even during the communistic system (which did not respect Roma nationality), and during the census in 1990, they had full freedom to declare their nation­ality, including Roma. Since the citizenship law was based on the permanent residence of citizens, there were able no true deportations, even if, nat­urally, particularly Rome has not often declared true residence.

Presented comments to the Report illustrate, that resources of information used by its authors were limited and intentionally distorted. Similar­ly all information provided by the Czech Embassy under control of political gangster Michael Žantov­ský cannot be considered as objective. Even if, naturally, my vision of the situation in the Czech republic is subjective, I believe, that it will con­vince American officials to find another alternative resources of information independent upon the present establishment.

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