1. Introduction
1. The Czech Republic, which has
a population of 10 546 120 million,
was
founded when Czechoslovakia was peacefully dissolved on 1 January
1993, creating two independent countries – the Czech Republic and Slovakia.
Neither party claimed any continuity and both the Czech Republic
and Slovakia were new successor States. They subsequently built
up their own inter-political relations with other States and were
admitted as separate States by international organisations. The
Czech Republic joined the Council of Europe on 30 June 1993 pursuant
to Parliamentary Assembly
Opinion
174 (1993) and to Committee of Ministers Resolution (93) 32. The
monitoring procedure was closed in September 1997 with
Recommendation 1338 (1997), and the post-monitoring dialogue with the Czech Republic
was concluded in 2004. In May 2004, the Czech Republic became a
member of the European Union after the fulfilment of accession criteria
during the Union's largest enlargement from 15 to 25 member countries.
The national currency is the Czech Crown (
česká
koruna). The Czech Republic intends to join the Single
European Currency (euro), but no precise date has been set so far.
2. Upon its accession to the Council of Europe, the Czech Republic
committed itself to respecting the obligations incumbent upon every
member State under Article 3 of the Statute of the Council of Europe
(ETS No. 1) with regard to pluralist democracy, the rule of law
and human rights. As at 1 August 2016, the Czech Republic had ratified
120 Council of Europe treaties and signed 12 additional treaties
without ratification.
On 2 May 2016, the Czech Republic
ratified the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse (CETS No. 201) and signed the
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”),
and the Convention on Action against Trafficking in Human Beings
(CETS No. 197). It signed the Council of Europe Convention against
Trafficking in Human Organs (CETS No. 216) in March 2015. The Czech
Republic ratified the Convention on Mutual Administrative Assistance
in Tax Matters as amended by the 2010 Protocol (ETS No. 127) in
October 2013, the Additional Protocol to the Convention on Cybercrime, concerning
the criminalisation of acts of a racist and xenophobic nature committed
through computer systems (ETS No. 189) in August 2014, Protocol
No. 15 amending the Convention for the Protection of Human Rights and
Fundamental Freedoms (CETS No. 213) in March 2015 and the Convention
on the Participation of Foreigners in Public Life at Local Level
(ETS No. 144) in July 2015.
3. This periodic report was drafted in line with
Resolution 2018 (2014) and the explanatory memorandum was approved by the committee
on 17 March 2015. This report is based on,
inter
alia, the most recent findings of the Council of Europe
monitoring mechanisms, the reports of the Parliamentary Assembly
and the Council of Europe Commissioner for Human Rights and, when
relevant, reports prepared by other international organisations
and civil society.
4. I would like to thank the Czech delegation to the Parliamentary
Assembly and the authorities, for their active and constructive
co-operation, and express my appreciation for their thorough comments
on a number of issues. Many positive developments have taken place
since the preliminary draft report was discussed in the committee
and much progress has been made. Some of the reforms carried still
require the adoption of laws in parliament. These developments have
been reflected in this report, even though there may be some issues
on which my assessments diverge from those expressed by the authorities.
2. Background
5. The country comprises three
historical lands – Bohemia, Moravia and Silesia. Administratively,
the country is divided into basic (municipalities:
obce) and higher (regions:
kraje) territorial self-government
units. There are fourteen regions and 6 253 municipalities. Thirteen
of these are regions and one, the City of Prague, is both a municipality
and a greater territorial self-governing unit. Each region is run
by a Governor; decisions are made by regional assemblies. With regard
to the subsidiarity principle, Czech regions are responsible for more
and more activities and their role has grown larger over the past
few years. The last report and resolution
by the Congress of Local and Regional
Authorities of the Council of Europe date from 2012.
6. The Constitution of the Czech Republic defines it as a sovereign,
unitary and democratic State governed by the rule of law, founded
on respect for the rights and freedoms of a humans and citizens
(Article 1.1). An important part of the Constitution and constitutional
order is the Charter of Fundamental Rights and Freedoms (Articles
3 and 112.1) which has the same legal force as the Constitution
itself.
7. The Czech Republic is a parliamentary democracy.
8. The government, led by the Prime Minister, is the most important
branch of the executive, and makes decisions on all political steps
in the country for the duration of its office. The government is
politically responsible to the Chamber of Deputies. Following a
general election, the President of the Republic designates the Prime
Minister. Upon the proposal of the designated Prime Minister, the
President of the Republic appoints other members of the government.
The current Prime Minister, Bohuslav Sobotka, leader of the Czech
Social Democratic Party, was appointed by the President on 17 January
2014. Due to the party’s narrow victory in the early elections of
2013, he had to form a coalition government to secure support in
the lower chamber of the parliament.
9. The President of the Czech Republic is elected for a five-year
term, with a limit of two consecutive terms. Direct presidential
elections were introduced with the 2012 constitutional reform.
The President’s constitutional
powers are rather limited and the successive presidents’ influence
has mainly resulted from their personalities. The President has
the constitutional power to return bills to the parliament and to
appoint judges to the Supreme and Constitutional Courts, as well
as members of the Bank Board of the Czech National Bank. He also
has the power to dissolve the parliament under certain special circumstances.
As mentioned, he also formally appoints
the Prime Minister, as well the other members of the Cabinet on
a proposal by the Prime Minister. Miloš Zeman was elected President
on 26 January 2013 in the first direct election.
10. The legislative power of the Czech Republic is entrusted in
the parliament that consists of two chambers, the Chamber of Deputies
and the Senate. The Chamber of Deputies is composed of 200 members
directly elected, by universal suffrage, for a four-year term by
proportional representation, with a 5% election threshold.
11. The 81 members of the Senate are elected in single-seat constituencies
by a two-round vote for a six-year term, with one third elected
every even year in the autumn. The Senate was created as a counterbalance to
the Chamber of Deputies, with a view to a better quality legislative
process, as a power balancing tool against the dominance of a single
party and to ensure continuity in case of dissolution of the Chamber
of Deputies. It has the reputation of being a more moderate body
than the Chamber of Deputies. The Senate suffers from the perception
that it is redundant and has weak powers. This has resulted into
low election turnouts and calls for its abolition.
12. The country underwent its longest-ever recession from the
end of 2011 to the spring of 2013. In 2014, the Czech Republic climbed
out of this recession and has demonstrated a significant growth
reflecting favourable trends in the economy.
Unemployment has shown a declining
trend since then. Real gross domestic product (GDP) growth picked
up to 2% in 2014
and forecasts predict a further increase
to 4% in 2015 and 2.5% in 2016.
Economic growth picked up strongly
in 2015, driven by private demand and a boost from European Union-financed
public investment.
This economic growth is likely to
decelerate in 2016 but should continue to expand at a more sustainable
pace, partly because inflows of EU funds and government spending are
projected to slow down.
3. Democracy
3.1. Presidential
elections
13. In the January 2013 election,
Miloš Zeman was elected President with 54.8% of the votes, defeating Karel
Schwarzenberg. This was the first election in which the President
was elected through a direct popular vote, following the constitutional
amendments of February 2012.
14. According to the Election Assessment Mission Final Report
of the Office for Democratic Institutions and Human Rights of the
Organization for Security and Co-operation in Europe (OSCE/ODIHR),
the election was professionally organised
and enjoyed a high level of public confidence. The report stated
that, while the legal framework provided a generally sound basis
for conducting a democratic presidential election, several important
aspects remained to be addressed, including in the areas of candidate
registration, campaign finance and the complaints and appeals process.
On 4 February 2015, a roundtable was organised between the OSCE/ODIHR
and the Czech authorities to discuss the follow-up to the final
report on the 2013 presidential election.
The discussions focused on the ODIHR
Election Assessment Mission’s recommendations on voter and candidate
registration, campaign finance, the resolution of electoral disputes,
the work of the election administration, and access for international
and citizen election observers. The ODIHR took note of the legal amendments
presented by the authorities and expressed its readiness to review
the final amendments to the election legislation. According to information
provided by the Ministry of the Interior, changes to the electoral laws
were prepared and submitted to the government in May 2016. These
changes primarily included a new procedure for collecting and monitoring
petitions for presidential elections. I was also informed by the
Czech authorities that the issue of campaign financing will be regulated
by another amendment to the electoral laws, which was under discussion
in parliament in June 2016. I encourage the authorities to pursue
the reform of the electoral legislation, in compliance with European
standards.
15. In March 2013, at the end of President Václav Klaus’ mandate,
the Senate impeached him and charged him with high treason before
the Constitutional Court, based on five cases in which he had allegedly
violated the Constitution, including: the amnesty to mark the 20th
anniversary of the Czech Republic's independence;
his
refusal to sign a number of European treaties and the European stability
mechanism; his alleged procrastination in nominating judges to the
Constitutional Court. As Václav Klaus left the post three days after the
case was filed, the proceedings in the Constitutional Court were
halted (considering that the primary justification for suing a sitting
president would be to remove him from office, which was obviously
no longer relevant).
3.2. Political
instability
16. Developments since the country’s
independence have shown that the system repeatedly produces very weak
governments: there have been 11 prime ministers since 1993, which
shows a certain degree of instability. This can be explained by
a number of factors, including the country's proportional electoral
system that fails to create solid parliamentary majorities which
would enable the formation of stable governments as well as the continual
struggles between a weakened coalition and opposition or tension
between the main political parties within the governing coalition.
At the same time, the electoral system alone cannot explain this
phenomenon as political stability could nevertheless have been maintained
by prime ministers capable of creating political consensus. Political
and corruption scandals have been the most common cause of governments
failing to complete their electoral terms. The periodic crises have
often been the consequence of a struggle between economic groups.
Reasons for intra- and inter-party tensions include the emergence
of new political parties, disagreements over economic reforms, the
consequences of the financial and economic crises and the European
integration process. These recurrent political crises have led to
increased public disenchantment with the established political elite.
3.3. General
elections
17. On 10 July 2013, after the
resignation of Prime Minister Petr Nečas – due to a corruption and
abuse of power scandal – President Zeman appointed his former economic
adviser, Jiri Rusnok, as the new Prime Minister and tasked him with
the formation of a new government, despite the opposition of a number
of political parties. The new caretaker government failed to win
a confidence vote in August 2013 and parliament was dissolved, paving
the way for the October 2013 elections.
18. The October 2013 snap elections were held in the context of
a political crisis caused by a series of corruption scandals. The
two parties gaining the most seats in this election were the Czech
Social Democratic Party (ČSSD) that finished first (after seven
years in opposition) with 50 seats (20.45% of the votes) – which was
insufficient to govern by itself – and the newly created ANO 2011
(“Action of Dissatisfied Citizens”, “Ano” meaning “yes” in Czech)
party with 47 seats (18.65%). The Communist Party of Bohemia and
Moravia (KSČM) came third with 33 seats (14.91%). The two parties
from the previous coalition government, Tradition Responsibility
Prosperity 09 (TOP 09) and the Civic Democratic Party (ODS), both
lost substantial numbers of seats: TOP 09 won 26 seats, the ODS
lost almost two thirds of its votes compared to the last election
and won only 16 seats. Two other parties both won 14 seats: the
new Dawn of Direct Democracy party and the Christian Democratic
Union–Czech People’s party (KDU–ČSL).
19. The ČSSD, ANO, and the KDU-ČSL parties formed a centre-left
ruling coalition in December 2013. The Social Democratic party (ČSSD)
leader Bohuslav Sobotka was formally appointed Prime Minister in
January 2014.
20. The newly established ANO movement led by business tycoon
Andrej Babiš – currently Minister of Finance – has become the second-strongest
force in the Chamber of Deputies. ANO 2011 was initially funded as
a civic initiative, but became a political movement in 2012. In
the context of increasing mistrust of politics, the party appealed
to a dissatisfied and disillusioned electorate. Andrej Babiš owns
the Czech agriculture and chemical corporation Agrofert, and the
country’s largest media group, Mafra. He is the second richest person in
the Czech Republic.
21. There has been no major change in the government since its
appointment in January 2014. Despite initial internal disputes and
a disagreement inter alia over
taxation and social policy, the coalition government has remained
intact throughout 2014 and 2015. The 2016 budget was passed in December
2015 with the support of the whole coalition, thus showing its capability
to push bills through. The ruling coalition faced a vote of no confidence
initiated by the centre-right opposition in May 2015. In that vote,
only 47 MPs out of the 184 present supported the no confidence motion
while 105 voted against and 32 abstained. Prime Minister Bohuslav
Sobotka called the result “a signal for the government” to continue
in its policies and current direction.
3.4. Local
elections
22. Local elections took place
in October 2014, and were held in conjunction with elections to
the Senate. Voter turnout reached 44.43% for the local elections.
The major parliamentary parties suffered significant losses, with
the exception of the KDU-ČSL which maintained control over most
of its constituencies. Independent candidates gained the strongest
support in the local polls, especially in smaller towns and villages. The
political movement ANO 2011 was the main winner of the election,
gaining eight of the ten biggest cities, including the capital Prague.
ANO 2011 currently holds mayoral offices in the three largest cities
in the Czech Republic. The fight against corruption and the opacity
of public procurement practices featured prominently in the campaign.
ANO’s candidate in Prague was Adriana Krnáčová, former director
of the Czech chapter of Transparency International, now the Mayor
of Prague.
23. According to the Freedom House Nation in Transit Report 2015,
similarly to the 2010 local elections, many
people filed complaints with the courts. However, the regional courts
only found a few cases of violations, such as instances of vote-buying
from socially disadvantaged voters (mostly Roma) in the towns of
Chomutov and Bílina, where the results were annulled.
3.5. Political
discourse
24. Intolerant political discourse
is an issue of great concern in the Czech Republic, as was mentioned
by the European Commission against Racism and Intolerance (ECRI)
and
the Advisory Committee on the Framework Convention for the Protection
of National Minorities
in their last reports on the Czech
Republic. This phenomenon is further aggravated during election
periods and concerns not only far-right but also mainstream parties.
During the 2013 campaign, Tomio Okamura's Dawn of Direct Democracy
party appealed to anti-Roma and anti-Muslim prejudices. And yet,
propagation of negative stereotypes about Roma not only came from
far right-wing political parties but also from the leaders of mainstream
parties, enhancing the acceptance of hate speech as part of public
life. The word “inadaptable” to refer to vulnerable groups, and
in particular Roma, was used officially in public discourse, which
is a very worrying development in itself. While freedom of expression
is one of the building blocks of a democratic society, hate speech
is a flagrant violation of that freedom and it is essential that
politicians refrain from spreading prejudices against certain groups
as they have a greater responsibility. In this respect, see also
the chapters on “Fight against intolerance and racism, discrimination
and hate speech” and “Media freedom” below.
4. Rule
of law
4.1. Judiciary
25. A report issued in 2010 by
the country's counter-intelligence agency, quoted in the Freedom
House 2015 report,
stated that corruption within the
Czech Republic's judicial system is “very sophisticated, making detection
difficult”.
26. The system of judicial appointments is organised as follows:
the President of the Republic appoints judges upon the proposal
of the Minister of Justice.
The consent of the President of
the Supreme Court is required for candidates to the post of Supreme
Court judge. Judges are appointed for life and can only be removed
following disciplinary proceedings by a special judicial ethics
panel. There is no National Judicial Council, instead, each court
has its own Judicial Council, which is an advisory body, expressing
its opinion on candidates for President or Vice-President.
Presidents
of the respective court or of higher courts, the Minister of Justice
and the President of the Republic are the authorities responsible
for initiating disciplinary proceedings against judges. The Ombudsman
can initiate disciplinary proceedings against presidents and vice-presidents
of the courts.
27. According to the Czech Constitution, the Public Prosecution
Service is considered a part of the executive branch of State power.
The government has the power to appoint and dismiss the Supreme
Public Prosecutor on the recommendation of the Minister of Justice.
Public prosecutors take office for an unlimited period after their
appointment by the Minister of Justice, on the recommendation of
the Supreme Public Prosecutor. The executive power is also responsible
for initiating disciplinary proceedings against prosecutors. They
can be suspended from duty by decision of the Minister of Justice.
A reform of the public prosecution has been under way in recent
years, but without any progress so far, as acknowledged by the European
Council in its 2015 recommendation on the Czech Republic’s national
programme.
New
legislation regulating State prosecution and focusing primarily
on ensuring its independence from political influence is still pending.
28. According to the last European Commission for the Efficiency
of Justice (CEPEJ) Evaluation Report of European judicial systems,
there
has been a continuing positive trend in the Czech Republic with
regard to the funding of the judiciary, with increased budgets allocated
to the judicial system and a very high priority given to the functioning
of courts. A decrease in the amounts devoted to the legal aid system
was nevertheless noted, in particular in the field of criminal law.
The Czech Republic has few special legal services to support vulnerable persons
and victims.
29. As mentioned in the US Department of State report for 2014,
“the
quality of judicial proceedings improved and the length of investigations
and prosecutions steadily decreased over the past decade”. The CEPEJ
2014 evaluation report indeed shows that the criminal court system
is very efficient: backlogs are decreasing and the system is not
generating new backlogs (both the clearance rate and the disposition
time can be considered as positive). As regards criminal cases,
the length of procedures for handling judicial cases is essential
for the protection of fundamental rights, including serious criminal
cases where deprivation of liberty may be at stake. In that respect,
the Czech Republic has an efficient criminal justice system that
can resolve a complaint within an acceptable time.
30. The CEPEJ highlights, however, that the Czech courts are not
as efficient in managing insolvency proceedings (there is a low
clearance rate of about 30%).
4.2. Fight
against corruption and economic crime
31. The rapporteur notes that since
the preliminary draft report, new reports from international organisations have
been published on the fight against corruption in the Czech Republic,
highlighting encouraging developments over the last year. They have
been reflected in this report. The rapporteur welcomes this trend and
encourages the authorities to pursue their efforts in this area.
32. In terms of the perceived level of corruption, in 2015, the
Czech Republic improved its score in the Corruption Perception Index
by 5 points, taking it to 56, and gained 16 positions, going from
53rd to 37th.
Among
the European Union member States, the Czech Republic ranks 22nd,
compared with 25th in 2014. The average for the EU member States
is 67 points.
33. The political corruption cases involving the Nečas government
in 2013, which led to its collapse, had greatly damaged the image
of politics among Czech citizens, as shown by Transparency International’s
Global Corruption Barometer 2013: 73% of the Czechs surveyed considered
political parties to be “corrupt” or “extremely corrupt”.
High-level
graft is widespread and the level of trust in State institutions
is low.
High-profile
criminal prosecutions involving several top politicians were initiated
but these cases have not yet led to any convictions. In its Annex
on the Czech Republic to the EU Anti-Corruption report of 2014,
the European Commission noted that
most corruption cases prosecuted concerned petty corruption and
that the prosecution of large-scale corruption was relatively rare.
The European Commission recommended that the ability of prosecutors
to handle corruption cases in an independent manner be strengthened
by reviewing the criteria for nomination of prosecutors and by pursuing
reforms aimed at banning instructions by the executive in individual cases
(see chapter above). The European Commission noted the persistent
problems related to the misuse of public funds, public procurement
and other interactions between business and the public sector and recommended
enhancing the stability of the civil service and safeguards against
political interference.
34. According to the 2016 national reform programme of the Czech
Republic,
“in 2015 the government approved
several legislative amendments, which are currently being discussed
in the Chamber of Deputies aimed, in particular, at increasing transparency.
These include an amendment to the Act on Conflict of Interests,
an amendment to the Act on Association in Political Movements, and
an amendment to the Supreme Audit Office Act. Measures already implemented
include the Act on Civil Service and its implementing regulations
and the Act on Contract Registry”. These developments come after
a period of political instability, especially in the second half
of 2013 and the start of a new coalition government in January 2014,
when only a few partial measures of the government anti-corruption
strategy had been successfully implemented
35. In its recent country report on the Czech Republic for 2016,
the European Commission
referred to the World Economic Forum’s 2015 Global Competitiveness
Report, highlighting “inefficient government bureaucracy and corruption
as the most problematic factors for doing business”. It acknowledged
some progress in adopting the legislative and non-legislative measures
contained in the 2015 anti-corruption plan. It noted in particular
that an Anti-Corruption Council was set up in July 2014 as an advisory
body to the government, with representation by stakeholders. There
is also evidence of an increased effort to prosecute cases of corruption,
with an increase in the number of convictions for bribery over the
period 2011-13 (from 64 to 91).
At the same time, the European
Commission noted that some of the measures are difficult to enforce and
have limited impact. For example, the mechanism for enforcement
in the Act on Conflict of Interest is not effective as the rules
— often concerning high-level public officials — are enforced by
local authorities that may be hesitant to impose sanctions. Some
important legislation has not yet been adopted, including an amendment
to the act on conflict of interest and a new act regulating the
financing of political parties.
36. While in 2015
the European Council considered
that efforts made in recent years to tackle the problem of corruption
had met with serious delays, the 2016 “recommendation for a Council
recommendation on the 2016 national reform programme of the Czech
Republic”
states
that some progress has been made in adopting the legislative and
non-legislative measures of the 2015 anti-corruption plan, although
it pointed out that some of the key anti-corruption acts were still
outstanding.
37. According to the Council of Europe Group of States Against
Corruption (GRECO)’s third evaluation round report
of 2011, the relevant legal provisions
on corruption are largely in line with the Criminal Law Convention
on Corruption (ETS No. 173) and its Additional Protocol (ETS No.
191). Nevertheless, the report enumerates a limited number of quite
specific deficiencies and concludes as follows: “the new Criminal
Code provides a sound basis for the investigation, prosecution and
adjudication of corruption offences. The main challenge in fighting
corruption in the Czech Republic lies with the effective application
of the legislation”. GRECO issued three interim compliance reports
in the framework of this third evaluation round.
38. In its third interim compliance report, published in February
2016,
GRECO concluded that some progress
had been attained by the Czech Republic since the 2nd interim compliance
report. As for incriminations, GRECO welcomed the adoption of the
amendment to Section 333 of the Criminal Code on trading in influence,
and considered that the recommendation in this regard had been implemented satisfactorily.
Two concerns already highlighted in the 2nd compliance report still
needed to be addressed, namely to clarify that all public sector
employees fall within the scope of the bribery and trading in influence provisions,
and to accelerate the process of signing and ratifying the Additional
Protocol to the Criminal Law Convention on Corruption.
39. With regard to transparent political financing, GRECO welcomed
the adoption in first reading in the lower chamber of parliament
of a package of amendments to the Political Parties and Movement
Act and to several electoral laws, and considered that once adopted
these amendments would remedy many deficiencies. While reiterating
its support for the ongoing reform, GRECO urged the authorities
to address the remaining pending matters already highlighted in
the 2nd compliance report. Due to the fact that the legislative
amendments were yet to be adopted by parliament, GRECO underscored
once again that the level of compliance with the recommendations
remains “globally unsatisfactory” and expected the authorities to
provide a new report by 30 September 2016.
40. In February 2016, Transparency International called on the
Czech Government coalition and the opposition to speed up the debate
in the Chamber of Deputies on a draft amendment to the law on political parties'
funding, and insisted that the new legislation needed to be in force
by the next general election, due in 2017. The amendments foresee
the establishment of an independent body to supervise political
parties' financing. They also set a limit to political parties'
spending on election campaigns and obliged them to establish transparent
accounts. In their comments, the authorities informed me that in
the meantime the draft amendment to the Act on Association in Political
Parties and Political Movements was debated in the Chamber of Deputies
in second reading on 1 June 2016. I welcome this development and
hope that the new legislation will be in force soon. I encourage
the authorities to implement without delay the outstanding recommendations made
by GRECO.
41. The Committee of Experts on the Evaluation of Anti-Money Laundering
Measures and the Financing of Terrorism (MONEYVAL)’s report on its
fourth assessment visit to the Czech Republic of April 2011
summarises the major anti-money laundering
and counter-terrorist financing measures (AML/CFT) in place as of
May 2010. The follow-up report has not been issued. Due to the lack
of recent findings, the rapporteur proposes looking into the matter
in its next periodic evaluation cycle.
5. Human
rights
5.1. Prevention
of torture and inhuman or degrading treatment or punishment
42. In its report on its April
2014 visit to the Czech Republic, published in March 2015,
the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
reviewed the measures taken by the Czech authorities to implement
its previous recommendations, notably as regards the treatment of
detained persons and conditions of detention in police establishments
and prisons. It paid particular attention to the situation of juveniles,
high-security and life-sentenced prisoners, as well as “security detention”,
detention centres for foreigners, psychiatric hospitals, as well
as the issue of surgical castration of sex offenders.
43. Concerning police custody, while acknowledging that, in general,
the practical operation of fundamental safeguards against ill-treatment
did not pose major difficulties, it raised certain issues of concern.
While material conditions of detention were on the whole satisfactory
in police establishments, certain shortcomings remained in some
detention facilities. The committee reiterated its recommendation
to put an end to the practice of handcuffing detained persons to
fixed objects in police establishments, as well as its specific recommendations
on circumstances of, and procedures for, searching detained persons
in police establishments.
44. Concerning detention of foreign nationals under alien legislation,
it noted no allegations of ill-treatment by staff or violence amongst
inmates. The material conditions of detention were generally satisfactory.
The committee recommended that the necessary measures be taken to
ensure that unaccompanied/separated minors are always accommodated
in an open (or semi-open) specialised establishment for juveniles.
45. Some allegations of physical ill-treatment and verbal abuse
by custodial staff were received regarding the establishments for
adults visited, and inter-prisoner violence appears to be a problem.
As regards juveniles, the CPT expressed grave concerns about the
frequency of allegations of physical ill-treatment. The material conditions
of the establishments visited were on the whole acceptable, although
access to natural light was insufficient in a number of cells visited.
The CPT delegation had a generally favourable impression of the regime
offered to sentenced prisoners, but expressed serious concerns about
the limited number of regular out-of-cell activities proposed. While
describing a number of improvements regarding the situation of life-sentenced
prisoners, the report stresses that further measures were required
to render the regime satisfactory. The recommendation that the relevant
legislation be revised with a view to integrating life-sentence
prisoners into the general prison population was reiterated. Despite
some improvements with regard to high-security prisoners, the regime
applied to them was considered still far from satisfactory. As regards
health care, the CPT expressed serious concerns were expressed that,
due to the obligation to pay a “regulatory fee” for medical consultations,
a number of indigent prisoners were denied medical treatment. In
addition, prison officers continued to be routinely present during
medical examinations. As for security-related issues, the report recommends
that immediate steps be taken to put an end to collective strip
searches as well as to the use of service dogs within detention
areas. Some security detention inmates made allegations of slaps
and/or verbal abuse as well as of degrading treatment by members
of the custodial staff. Although material conditions of detention
in security detention facilities were generally very good, the report
encouraged more out-of-cell activities.
46. Concerning psychiatric establishments, although living conditions
were considered generally satisfactory, recommendations were made
by the CPT to improve access to outdoor exercise for patients. Despite
the positive overall impression of psychiatric treatment, the report
expressed serious misgivings about the imposition of punishments
on patients by the treating psychiatrist or psychologist and the
use of net-beds and made recommendations concerning the duration
of mechanical restraint.
47. In my preliminary draft report, I looked into the issue of
surgical castration in the context of treatment of sex offenders
and I mentioned the CPT’s report published in March 2015
in which it took
note of the new legal framework and acknowledged the significant
decrease in the resort to this intervention in recent years, but
emphasised that this in itself did not remove its fundamental objections
to the intervention. Consequently, it urged the Czech authorities
to put a definitive end to the use of surgical castration in the
context of treatment of sex offenders and to amend the relevant
legal provisions accordingly.
48. In their comments on the preliminary draft report, the authorities
referred to the non-violation judgment in the case of
Dvořáček v. Czech Republic of the European
Court of Human Rights (“the Court”), in which the applicant complained
that he had been subjected to a protective sexological treatment,
allegedly administered without his informed consent, for which the
Court did not find a violation of Article 3 of the European Convention
on Human Rights (ETS No. 5, “the Convention”). The rapporteur notes
that this case did not concern a case of surgical castration but
of protective sexological treatment. The rapporteur takes note of the
reference made by the authorities to a sentence of paragraph 100
in the judgment in which the Court noted that at the time surgical
castration had been strictly regulated and subject to free, informed
consent.
49. The rapporteur can only repeat the concerns expressed by the
CPT about the use of this intervention as a means of treating sex
offenders: “It is a mutilating irreversible intervention with serious
physical effects and direct or indirect mental health, consequences,
which is not in conformity with recognised international standards
and the positive effect of which in respect of re-offending has
not been based on sound scientific evaluation. Moreover, effective
alternative therapies for treatment of sex offenders are currently
available and the intervention can thus not be considered as a medical
necessity in the context of treatment of sex offenders.” Moreover,
like the CPT, the rapporteur has doubts as to whether, given the
context in which the interventions are offered, consent to surgical
castration would always be truly free and informed. Based on the
above, the rapporteur shares the CPT’s approach that the Czech authorities
should put a definitive end to the use of surgical castration in
the context of treatment of sex offenders.
5.2. Fight
against intolerance and racism, discrimination and hate speech
5.2.1. Legal
and institutional framework
50. The Czech Republic has signed
but not ratified Protocol No. 12 to the European Convention on Human Rights
(ETS No. 177). As recommended by ECRI in its 2015 report,
ratification
of Protocol No. 12 is vital in combating racism and racial discrimination.
51. Following ECRI’s recommendations, an Anti-discrimination Act
was adopted in 2009, providing for the right to equal treatment
and prohibition of discrimination. A number of lacunae and difficulties
in the act remain and prevent it from being an effective instrument.
The Public Defender of Rights is designated as the anti-discrimination
body, although this institution is not equipped with the necessary
powers and responsibilities to combat racial discrimination.
A
legislative reform is underway to enlarge the Public Defender’s
powers.
52. In its 2015 report, ECRI recommended that the authorities
revise the Criminal Code to include inter
alia the following key elements in the fight against
racism and racial discrimination: the offences of incitement to violence
and to discrimination; public insults of a racist nature; the public
expression – with a racist aim – of an ideology which claims the
superiority of, or which depreciates or denigrates, a group of persons;
and racial discrimination in the exercise of one’s public office
or occupation.
5.2.2. Racism
and hate speech
53. The annual report of the Ministry
of the Interior on “extremism in the territory of the Czech Republic
in 2014” recorded 291 events organised by politically extremist
entities, or events in which such individuals or entities participated.
There had been a slight increase in the number of events in comparison
with 2013, when 272 events had been recorded.
The
report also noted that, in addition to the long-standing anti-Roma propaganda,
the right-wing extremist scene had increased its mobilisation against
Muslims. According to the authorities’ comments, a recent report
on the 2015 statistics with regard to extremism shows a decline
in extremist offences, with 175 “offences with an extremist subtext”
recorded in the Czech Republic in 2015, against 201 in 2014.
54. Hate speech is punishable in the Criminal Code under “incitement
to hatred and defamation”. As noted by ECRI in its 2015 report,
there is no specific reference to homophobic hate speech. However,
Section 356 on incitement to hatred provides a possibility for punishment
through open-ended wording (“or against another group of persons”),
but Section 355 on defamation sets out a closed list of grounds,
not including sexual orientation or gender identity. ECRI recommended
that the Criminal Code provisions on violence against a group of
persons or an individual, defamation and incitement to hatred include
specific references to the grounds of sexual orientation and gender
identity.
55. In recent years, there have been frequent cases of intolerant
political discourse, in particular during election periods, mostly
targeting Roma, Muslims and immigrants. Following the waves of violent
anti-Roma demonstrations and riots in the Czech Republic (in particular
in 2008, 2009 and 2013), the use of racist speech targeting Roma
has increased in political discourse. The participation of mainstream
politicians in anti-Roma demonstrations has led to further radicalisation
of their speeches, and explicit anti-Gypsyism has begun to be part
of mainstream political parties’ discourse. Propagation and reinforcement
of negative stereotypes not only come from far-right-wing political
parties but also from political leaders of mainstream parties, making
hate speech as part of public discourse commonplace.
56. According to the Czech authorities,
there
was a significant decrease in anti-Roma rallies in 2015. Actions
of right-wing extremists are now focused rather on migration issues,
in particular with the creation of the “We Don’t Want Islam in the
Czech Republic” initiative which then became “The Anti-Islamic Bloc”.
The authorities informed me about pre-trial examinations and criminal
proceedings conducted during the past year in connection with the
activities of these groups, “in particular regarding public expressions
during demonstrations on suspicion of spreading alarming news, or
defamation and incitement to hatred against a specific group of
persons”.
57. The United Nations Committee on the Elimination of Racial
Discrimination
denounced
the increase in expressions of Islamophobia by anti-Muslim groups
such as “We Don’t Want Islam in the Czech Republic”, which is openly
supported by some politicians, including sitting members of parliament.
This wave of anti-refugee and anti-Islamic rhetoric has increased
over the last year as a result of the refugee crisis and recent terrorist
attacks. As noted by ECRI, intolerant and racist expression features
even in the speeches of high-level State officials and in particular
the President of the Republic himself.
58. The President of the Republic has made a number of controversial
public remarks contributing to the spreading of fear and prejudice
against migrants. He recently talked about a “tsunami” of migrants
poised to engulf Europe and stated that migration was “a well-organised
invasion whose aim was to break down European social, cultural,
economic and political structures”. Andrew Stroehlein, Human Rights
Watch's European Media Director, criticised President Zeman for
adopting the language of hateful extremists and inciting panic which
will only make things worse and should be beneath all serious political
leaders. The President of the Republic was also strongly criticised
for failing to distance himself from extreme-right-wingers – in
particular from Martin Konvička, the founder of “the anti-Islamic
bloc”
–
and for his participation in a rally against refugees and Islam
organised on 17 November 2015. On this occasion, the President made
a speech side-by-side with representatives of the extremist Bloc
against Islam. In an interview for the Czech daily
Hospodářské noviny, Prime Minister
Bohuslav Sobotka said the Czech President should not make appearances
at events organised by xenophobic movements disseminating hatred.
59. On 17 August 2015, more than 400 Czech scientists and academics
signed a petition against the growth of xenophobic sentiment in
Czech society and made a public appeal entitled “Academics against
Fear and Indifference”, demanding that politicians and the media
drop the current anti-immigration discourse. Expressing concerns
about extremist group activity which, in their view, was not being
sufficiently counterbalanced, they protested against the way in
which ethnic and religious intolerance were being nourished and
generally tolerated in the Czech Republic.
60. In his exchange of letters with the Prime Minister,
the
Commissioner for Human Rights stressed the essential role played
by politicians’ rhetoric and action at national and local level
in the efforts to eradicate anti-Gypsyism and promote respect for
human rights and social cohesion. ECRI stated in its report that
where intolerant statements do not reach the level required for
criminal sanctions, political and public figures should take a strong
stand against them by means of counter-speech.
61. I fully concur with the recommendation of the Advisory Committee
on the Framework Convention for the Protection of National Minorities
that efforts should be bolstered
to combat manifestations of intolerance, racism, xenophobia and
hate speech in Czech society and to effectively investigate and
impose adequate sanctions when needed.
5.2.3. Promotion
of minority languages and culture
62. A generally well-developed
legal and institutional framework for the protection of national
minorities, which also benefits regional or minority languages,
is in place in the Czech Republic. In December 2015, the Council
of Europe Committee of Ministers issued a number of recommendations
with
regard to the country’s compliance with the European Charter for
Regional or Minority Languages (ETS No. 148). It called on the Czech
Republic to intensify its efforts to promote awareness and tolerance
in relation to minority languages and cultures as an integral part
of the cultural heritage of the country. Measures are particularly
needed to promote German and Romani in education, the media and
public life. At the moment, there is little knowledge in the Czech
society about the country’s traditional minority languages and their
contribution to the national cultural heritage. German is largely
perceived, and also taught, as a foreign language and the presence
of Romani in mainstream education is limited, and its teaching is
hampered by a negative public perception of Roma.
5.3. The
situation of Roma
63. The number of Roma in the Czech
Republic – which depends more on identification of members of Roma
communities by another person or group (most often by experts or
staff of public institutions) than on self-identification – is estimated
at between 150 000 to 350 000, or around 2% of the population.
64. The situation of Roma in the Czech Republic is very worrying.
The successive strategies adopted to combat social exclusion of
Roma have not been implemented, due to a lack of sufficient funding
and of enforcement mechanisms. The lack of involvement of the Roma
population in their development and implementation has also contributed.
Roma people suffer high levels of poverty, illiteracy, unemployment
and face discrimination in education, employment, health care and
housing.
There
were 33
criminal
offences motivated by hatred towards Roma citizens in 2015,
against 42
in 2013, and 53 in 2014.
65. In 2013, Czech far-right groups staged a series of anti-Roma
protests in dozens of towns and cities across the country. They
were often located in the vicinities of Roma neighbourhoods and
resulted in violent attacks against Roma. According to Amnesty International,
the
response of the central government has been rather ambivalent despite
the seriousness and large scale of the marches. In March 2014, the
Commissioner for Human Rights expressed his deep concern in an exchange
of letters with the Prime Minister about the emerging pattern of
anti-Roma events in the Czech Republic. He called for a comprehensive
response from the Czech authorities to tackle the increased frequency
and the spread of these events, as well as determined rhetoric against
the Roma community. He noted the continuing, worrying, trend of
violence against Roma, with at least 22 Roma having been physically
attacked in 2013. The Commissioner insisted that the authorities should
ensure the effective sanctioning of organisations that promote racial
discrimination, and ban demonstrations targeting Roma communities.
The Czech authorities informed me
of the ban of an anti-Roma meeting
in České Budějovice in 2013, which was subsequently confirmed by
the Supreme Administrative Court. They also recalled that the case
law of the European Court of Human Rights on limiting freedom of assembly
is very strict and they consider that the competent authorities
do everything possible to prevent anti-Roma protests and to prepare
for the dissolution of such meetings, when they lack sufficient
grounds to ban them in advance, in line with the Court’s case law.
66. According to the European Roma and Travellers Forum,
a number of anti-Roma demonstrations during
2014 remained unpunished and the police have regularly been accused
of applying double standards in their investigations of crimes against
Roma. According to the Czech authorities,
the police do not distinguish
against whom an offence has been committed: all misdemeanors and
criminal offences committed during a demonstration are thoroughly
investigated, as shown in the annual report on extremism.
67. Based on the above, while acknowledging the action taken by
authorities, the rapporteur stresses the importance of ensuring
that no degree of impunity is tolerated in crimes committed against
Roma and that this should be clearly made known among the general
public.
5.3.1. Roma
women
68. The issue of compensation for
Roma women who were victims of involuntary sterilisation without
their full and informed consent has been a persistent problem in
the Czech Republic. In his 2011 report, the Commissioner for Human
Rights, while welcoming the expression of regret by the Czech authorities
for this unlawful practice, deplored the lack of an effective domestic
mechanism to enable victims to seek and obtain compensation for
the harm they had suffered. According to the case law of the European
Court of Human Rights, such practices violate the human rights and
dignity of the victims and constitute serious human rights violations.
The Court held that governments are obliged to establish accessible
and effective mechanisms to obtain reparation. In October 2015,
the Commissioner for Human Rights
regretted the Czech Government’s decision
not to proceed with the adoption of the law allowing the granting
of compensation to the Roma women who were victims of forced sterilisation.
69. In his reply to the Commissioner,
the
Prime Minister of the Czech Republic explained that women who were
illegally sterilised in the Czech Republic had, and continue to
have, the possibility to defend their rights in court and to be
given redress for prejudice suffered. According to the authorities,
although the right to monetary reparation is subject to a three-year
limitation from the date of injury, jurisprudence has shown that in
cases where a potential application of limitation would lead to
excessively harsh consequences, the courts have rejected it and
awarded damages to women who had been illegally sterilised.
70. The rapporteur shares the Commissioner’s view
that this framework is inadequate to accommodate reality,
which is characterised by the fact that in some cases the women
concerned have learnt that sterilisation had been performed on them,
or realised its full implications, only at a later stage and that
these women often needed to overcome their shame and lack of awareness
about possible avenues for redress. The Czech authorities should
review the law itself and review time limits applying to compensation
claims for unlawful sterilisations, in order to extend it and, as
a minimum measure, ensure that any time limit starts from the time when
the victim became aware of the sterilisation or its full implications
and not the time when the sterilisation was performed. The rapporteur
also encourages the authorities to follow the Commissioner for Human
Rights’ recommendation to consider the establishment of an
ex gratia compensation mechanism
to allow the State to award damages out of court to those illegally
sterilised.
5.3.2. Discrimination
against Roma children in Czech schools
71. Roma children reportedly face
daily discrimination and segregation in schools. An Amnesty International report
of April 2015 noted that Roma children are segregated in mainstream
education in Roma-only separate classes, buildings and schools and
even placed in schools for pupils with “mild mental disabilities”.
Those in ethnically mixed schools experience bullying and harassment.
72. This segregation was highlighted by the European Court of
Human Rights’ judgment in the case of
D.H. and
Others v. Czech Republic in 2007
that found discrimination
in the Czech education system. The Court found a violation of Article
14 of the Convention in conjunction with Article 2 of Protocol No.
1 (ETS No. 9), for discrimination in the enjoyment of the applicants'
right to education, due to their assignment to special schools (schools
for children with special needs including those suffering from a
mental or social handicap) on account of their Roma origin. Since
then, whilst some important steps have been taken, such as a better
understanding of the situation through the establishment of regular
and independent monitoring and reviews by the Czech Schools Inspectorate,
the variety of legislative and practical measures adopted by the
authorities since 2007 has so far failed to bring about any real
significant change in the education of Roma children.
73. As mentioned by the Council of Europe’s ad hoc Committee of
Experts on Roma Issues (CAHROM) in its thematic “Report on inclusive
pre-school education for Roma children”,
despite
some overall progress, unjustified school segregation and enrolment
of Roma children in “special schools” (now called “practical schools”)
and programmes intended for pupils with learning disabilities or
mild mental disabilities still remain. Statistics show a constant,
annual decrease
in the total
number of pupils (Roma and non-Roma) in special schools or classes.
Regrettably, this trend is not repeated in respect of Roma children.
Despite the overall decrease, the proportion of Roma pupils in special
schools or classes increased from 28.2% (2013-14 school year) to
32.4% (2014-15 school year). Furthermore, the percentage of Roma
children in mainstream classes decreased from 10.3% (2013-14 school
year) to 9.5% (2014-15 school year). The CAHROM has set up a thematic
group on testing systems and diagnoses for pupils with allegedly
mild mental disabilities, with a focus on Roma children. The CAHROM
is expected to issue a report on several member States, including
the Czech Republic, by the end of 2016.
74. In the framework of the execution of the
D.H. and Others v. Czech Republic judgment,
legislative amendments were adopted,
in force as of 1 September 2014, which abolished the possibility
of short-term placement of “socially disadvantaged” pupils in groups/classes
for children with “mild mental disability”. An amendment to Article
16 of the Education Act, which intended to make the approach of
the education system more inclusive, was adopted in 2015 and came
into force on 1 September 2016. This new provision removed the previous
categories of pupils (social disadvantage, health disadvantage and
health disability) and introduced a classification of pupils having
“special educational needs”. Practical schools will continue to educate
pupils diagnosed with mental disability. The Education Act also
foresees the establishment of a National Institute of Education,
which will monitor the use of the new diagnostic tools provided
for in the law.
75. In the decision adopted at its 1259th meeting in June 2016
in the framework of the supervision of the implementation of the
Court’s judgments, the Committee of Ministers noted with interest
the ongoing reform of the education system in the Czech Republic,
as well as the legislative and practical measures adopted or envisaged
by the authorities with a view to putting in place a policy of inclusive
education and ensuring that it is fully operational in practice.
In the light of the absence of a substantial change, to date, with
regard to the education of Roma pupils, as illustrated by the most
recent statistics, the Committee of Ministers urged the Czech authorities
to implement rapidly the reform of the education system, so that
it will impact on the upcoming school year. In this respect, it
encouraged the authorities to ensure that sufficient financial and human
resources are allocated to all actors involved and that a relevant
monitoring body is duly equipped with all necessary powers.
76. The European Commission has initiated an action of non-compliance
against the Czech Republic for the discrimination of Roma children
in education on the basis of Article 258 of the Treaty on the Functioning
of the European Union. The Commission sent a letter of notification
to the Czech Republic on 26 September 2014 and invited the member
State to submit its observations. The Commission can now decide
whether to close the action or to refer the case to the European
Court of Justice. In July 2015, the Council of the European Union addressed
a recommendation to the Czech Republic to promote the participation
of Roma children in quality inclusive school education.
77. Based on the above, the rapporteur notes that while there
has been no substantial improvement to date in the situation of
Roma children in Czech schools, the approach chosen by the authorities
appears to be a promising holistic attempt to tackle the roots of
discriminatory treatment of Roma children in schools. The rapporteur
urges the authorities to adopt all measures needed for the effective
implementation and impact of the reform in order to eliminate, without
further delay, practices that lead to the continued segregation
of Roma children.
5.4. Rights
of migrants and refugees
78. The Czech Republic has been
criticised over its treatment of migrants and refugees, including unaccompanied
minors and families with children, who are habitually detained for
extensive periods of time in poor living conditions. In October
2015, United Nations High Commissioner for Human Rights Zeid Ra’ad
Al Hussein
strongly criticised the detention
of migrants and refugees in the Czech Republic, drawing particular attention
to the violations of the rights of the children among them. He noted
that the Czech Republic routinely subjects these migrants and refugees
to detention for 40 days, and reportedly sometimes even longer –
up to 90 days – in conditions which have been described as degrading.
He considered that there were systematic violations of the human
rights of migrants as part of a policy by the Czech Government designed
to deter migrants and refugees from entering or staying in the country.
Immigration detention must be strictly a measure of last resort.
Detention of children on the sole basis of their migration status,
or that of their parents, is a violation. He noted that most detained
migrants and refugees were not in a position to swiftly challenge
their detention in court. The High Commissioner expressed concern
about conditions in the detention facilities. The fact that people
are being forced to pay for their own detention is particularly
reprehensible. It is important to note that even the Minister of
Justice himself criticised the detention policy as well as the detention
conditions which he called “worse than in a prison”.
79. In their comments on the preliminary draft periodic review
report, the Czech delegation to the Parliamentary Assembly provided
information about the legal requirements for detention of children
and unaccompanied minors, in particular following the December 2015
amendments to the Act on Residence of Foreign Nationals and other
related laws that entered into force in December 2015. According
to them, the detention facilities for foreigners, in particular
the Bělà-Jezovà facility, are equipped for children’s needs, including
education and leisure. The authorities indicated that the recovery
of costs associated with the detention of persons and their return
to their country of origin is regulated by the Act on Residence
of Foreign Nationals. They also insisted on the difference between
foreigners seeking international protection in the Czech Republic,
who benefit from a different regime, and foreigners without a valid
residence permit. Consequently, they disagree with the United Nations
High Commissioner for Human Rights’ statement mentioned above.
80. On 13 October 2015, the Czech Ombudsperson, Anna Šabatová,
issued a report
in which she denounced the severe
conditions which children and families with children have to endure
in the Bělá-Jezová detention facility, which in her view constitute
a violation of the European Convention on Human Rights and the Convention
on the Rights of the Child. She criticised the fact that migrants
and refugees are being systematically deprived of their cell phones,
making it impossible for them to contact their families. Parents
are treated in a degrading way in front of their children, who are
traumatised by the constant presence of heavily armed personnel.
She noted that children in the facility have worse living conditions
than inmates in Czech prisons. The detained children do not have
sufficient clothing and shoes and there is a lack of activities available
for them, with only limited access to a small playground and to
a playroom. The mattresses are often unwashable and in a condition
that does not meet even basic standards of hygiene. There are iron
bars on the windows and no curtains. Every night, the detainees
– including the children – are dragged out of their beds to be counted
by the police, who sometimes wear helmets and masks. Many of the
foreign nationals detained in Bělá-Jezová are not provided even
with the minimum that is usually provided to inmates in Czech prisons (outdoor
recreation area, warm food, a chair, a wardrobe and free access
to a toilet). There is a lack of information and of legal advice.
In a welcome development, as a follow-up to her report, a regular
consultation mechanism was established between the Ombudsperson
and the Minister of the Interior to assess the situation of migrants
and refugees. On her website, the Ombudsperson acknowledged that
the number of detainees in Bělá-Jezová had decreased between August
and October 2015. But, despite certain improvements, she found that
there was continuing ill-treatment of detainees. On 20 October 2015,
the Ombudsperson met with the Minister of the Interior, who informed
her that he was taking measures to ensure that the conditions in
the Bělá-Jezová facility were gradually improved, especially with
regard to the children accommodated there.
81. In their comments on the preliminary draft periodic review
report, the Czech delegation to the Assembly indicated that the
Ombudsperson’s report reflected an exceptional situation in summer
2015 due to heavy overcrowding, which had since been solved. They
mentioned in particular that, contrary to the description above:
each detained foreigner receives a phone card upon arrival; internet
is available in the facility; police officers are no longer present
within the facility itself; non-governmental organisations (NGOs)
distribute all necessary clothing; the facility conforms to basic
sanitary conditions as the common areas are cleaned regularly; the
issue of the presence of bars on the windows is under examination
by the Interior Ministry; the facility of Bělá-Jezová is dedicated
to families and single women and has been equipped accordingly.
82. The rapporteur recalls that the placement of minors with their
parents in a detention centre should only occur as a last resort
and for the shortest possible time and unaccompanied minors should
always be accommodated in open or semi-open establishments specialising
in juveniles.
83. In September 2015, former Czech President Klaus initiated
a petition against immigration.
The petition calls on the Czech
Government to ensure the security and external inviolability of
the State borders by any means necessary, including deployment of
the army and police.
5.5. Media
freedom
84. According to Freedom House,
press
freedom has long been secure in the Czech Republic, with a diverse
selection of print, online and broadcast media. The media operate
relatively freely. Public television and the national print media
provide quality coverage of the most important national and international
developments and have contributed to the country’s high rankings
in press freedom indexes. The Czech Republic is ranked 13th out
of 180 countries in the 2015 World Press Freedom index, with a score
of 11.62.
85. The Czech media landscape recently faced a new situation with
declining profits in the print media which have paved the way for
a boost in acquisitions and mergers on the Czech media market. A
number of major media outlets have been consolidated under the ownership
of several wealthy owners, some of whom are actively involved in
politics. There have been reports of potential self-censorship,
especially by those outlets owned by individuals with political
interests. In general, the increased concentration of the media
in the hands of a few business magnates
has
prompted concerns about the independence of outlets and the long-term prospects
of the industry. In 2013 and 2014, several journalists left major
media outlets that were acquired by Andrej Babiš of the ANO.
In its 2015 report “Freedom of the Press”,
Freedom House noted that media outlets
are generally free from political interference, but, in its “Nations
in transit 2015” report,
Freedom House
expressed concern over Andrej Babiš’ interference and intimidation
of journalists with regard to the developments concerning Echo24.
Andrej
Babiš apologised in March 2014 to all those who might have felt offended
by his statements expressing doubts about the financing of Echo24,
and he said that he had not intended to silence anyone.
86. As mentioned by ECRI in its 2015 report, racism in the media
through stereotypes and hate speech is of concern in the Czech Republic,
and it is often the first step in the process of actual violence
(see chapter “Fight against intolerance and racism, discrimination
and hate speech” above).
87. Negative stereotypes of Roma have been reported to be widespread
in the Czech media. An analysis on “Stereotypes in the Media Image
of Roma during 2013”
quoted by the European Roma and
Travellers Forum
shows
that, despite increasing positive reports about Roma culture, reports
on Roma remain correlated to specific negative incidents involving
them. The media and notably social media and the internet have greatly
contributed to the spreading of prejudices and hate speech against
Roma in the Czech Republic.
88. In September 2015, the United Nations Committee on the Elimination
of Racial Discrimination
expressed
concern over the spreading of prejudice and stereotypes about refugees
and asylum seekers among the general public, particularly young
people, through websites and social media, as well as increased attacks
through e-mails or on social networks on people who defend the rights
of foreign nationals, including activists from NGOs. The media’s
excessive highlighting of the ethnic origin and the nationality
of non-citizens in the reporting of criminal offences was also an
issue of concern.
89. According to ECRI, appropriate responses to hate speech include
law-enforcement channels as well as other mechanisms such as self-regulation,
prevention and counter-speech. In its 2015 report, ECRI recommended
that the Council for Radio and Television Broadcasting take firm
action in all cases of incitement to hatred and impose appropriate
fines to punish, as well as act as a deterrent against, dissemination
of racist and intolerant expression.
90. According to the Czech authorities,
the Act on Radio and Television Broadcasting
penalises both the incitement to hatred and stereotyping in broadcasting.
An amendment to the Act is under preparation to implement a stricter
ban on broadcasting stereotypes and prejudices by expanding the
scope of the minorities concerned and foreseeing financial penalties
in case of violation of these bans. The Council for Radio and Television
Broadcasting is an independent regulatory body able to impose sanctions
on radio and television broadcasters.
5.6. Other
human rights issues
91. Other human rights problems
include violence against women, sexual and other abuse of children
as well as trafficking in persons, particularly labour trafficking
and exploitation.
92. According to the Trafficking in Persons report of July 2015,
the
Czech Republic is a source, transit, and destination country for
women and children subjected to sex trafficking and a source, transit,
and destination country for men and women subjected to forced labour.
According to the report, the Government of the Czech Republic fully
complies with the minimum standards for the elimination of trafficking.
The government increased funding for NGOs providing victim services
and enrolled more victims into its programme to protect individuals
assisting law enforcement. However, law-enforcement efforts lagged
as authorities initiated fewer prosecutions, achieved significantly
fewer convictions, and sentenced only one convicted trafficker to
imprisonment. Victims continued to have minimal opportunities to
access court-ordered or State-funded compensation. The rapporteur
welcomes the recent signature by the Czech Republic of the Council
of Europe Convention on Action against Trafficking in Human Beings
(CETS No. 199) and encourages the authorities to ratify it without
delay.
93. Based on the European Union Agency for Fundamental Rights’
survey “Violence against Women across the EU” of March 2014,
32% of women in the
Czech Republic have experienced physical and/or sexual violence
since the age of 15, of which 19% also experienced physical violence
by a partner, 7% sexual violence by a partner, and 4% sexual violence
by a non-partner. In addition, 47% of women had experienced some
form of psychological abuse by either a current or former partner.
As mentioned in the Country Report on Human Rights Practices for
2014 on the Czech Republic,
in the first six months
of 2014, the Interior Ministry reported 338 cases of domestic violence,
and the police investigated 206 cases. During the same period, courts convicted
138 individuals of domestic violence, sentencing 46 persons to prison
terms, suspending the sentences of 91, and deporting one. Violence
against women is widely reported to be more widespread than suggested
by the number of cases reported to the authorities, due to the stigma
associated with reporting such abuses. The rapporteur welcomes the
recent signature by the Czech Republic of the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence, and he encourages its prompt ratification. He takes note
of the fact that the Ministry of Justice will submit the necessary draft
legislative amendments to the government by 30 June 2017 in order
to ensure full compliance with all the requirements of the convention.
94. Child abuse remains a problem. The Czech Republic continues
to be one of the countries with a comparatively large number of
children in institutional care, including those with disabilities,
which exposes them to a significantly higher risk of sexual abuse.
According to the police, there were 886 cases of child abuse in
2013, 732 of which involved sexual abuse.
According
to Ministry of the Interior statistics, the police investigated
45 cases of commercial sexual exploitation of children in the first
six months of 2014, compared with 62 cases in total in 2013. There
were reports of trafficked children engaged in prostitution. In
the first six months of 2014, the courts convicted 51 individuals
for the production or handling of child pornography, and nine individuals
for misuse of a child for the production of pornography. NGOs have
criticised the sentences for producing and distributing child pornography
as too light. The rapporteur welcomes the recent ratification by
the Czech Republic of the Council of Europe Convention on the Protection
of Children against Sexual Exploitation and Abuse.
6. Conclusions
and recommendations
95. Overall, the functioning of
democratic institutions in the Czech Republic complies with Council
of Europe standards. The Czech Republic globally honours its membership
obligations to the Council of Europe.
96. The ratification in May 2016 of the Convention on the Protection
of Children against Sexual Exploitation and Sexual Abuse, and the
signature of the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence and the Convention
on Action against Trafficking in Human Beings demonstrate the country’s
commitment to the protection and promotion of human rights. The
rapporteur recommends the prompt ratification of the latter two
conventions.
97. Based on the findings of the monitoring bodies, the rapporteur
encourages the Czech Republic to ratify Protocol No. 12 to the European
Convention on Human Rights and to sign the Additional Protocol to
the Criminal Law Convention on Corruption.
98. Electoral processes enjoy a high level of public confidence
and are professionally organised. While the legal framework provides
a generally sound basis for conducting democratic elections, several
important aspects remain to be addressed in compliance with ODIHR
recommendations. While welcoming the steps already taken for the
preparation and adoption of the amendments to the electoral law,
the rapporteur recommends prompt adoption in full compliance with
European standards. In particular, GRECO recommendations concerning
transparent political financing should be implemented.
99. The political and institutional functioning of the country
was characterised up to the last elections by periodic crises, repetitive
elections and successive governments with a notable political instability.
Political and corruption scandals under the previous governments
led to increased public disenchantment with the established political
elite. The rapporteur welcomes the country’s political stability
since the last election which has allowed reforms to be carried
out in a number of areas.
100. The political corruption cases involving the previous government
(which led to its collapse) greatly damaged the image of politicians
among Czech citizens and subsequent efforts to fight corruption
were delayed and produced poor results. The rapporteur welcomes
the improved level of perception of corruption over the last year
in the Czech Republic and the progress made in adopting the legislative
and non-legislative measures contained in the 2015 Anti-Corruption
Plan as well as an increased effort to prosecute cases of corruption.
Although the authorities have taken a number of measures for the
implementation of the GRECO recommendations, they need to pursue
the implementation of the various outstanding recommendations.
101. While welcoming the efficiency of the judicial system, in
which courts usually rule within reasonable time, the rapporteur
encourages pursuance of the ongoing reform aimed at regulating the
prosecution service and focusing primarily on ensuring its independence
from political influence.
102. Concerning the protection of human rights, the rapporteur
refers to the findings of the CPT with regard to the treatment of
detained persons and conditions of detention in police establishments
and prisons, the situation of juveniles, high-security and life-sentenced
prisoners as well as “security detention”, detention centres for
foreigners and psychiatric hospitals. The rapporteur recommends
prompt implementation of the CPT’s outstanding recommendations,
including on the issue of surgical castration of sex offenders.
103. The rapporteur urges the authorities to strengthen their efforts
to promote tolerance and combat all manifestations of racism, xenophobia
and hate speech present in Czech society. Effective investigations
must be carried out and adequate sanctions must be applied when
needed. The rapporteur is very concerned about intolerance in political
discourse, which has been highlighted repeatedly by specific monitoring
bodies, and recommends that efforts be made to fight against hate
speech in the country: political figures need to be exemplary and
refrain from spreading stereotypes. Racism through stereotypes and
hate speech in the media are of great concern and are often the
first step in the process of actual violence. The rapporteur recommends that
appropriate responses to hate speech be given including through
law-enforcement channels and other mechanisms such as self-regulation,
prevention and counter-speech.
104. Despite some improvements, the situation of the Roma overall
remains worrying and sustained efforts are needed to prevent, combat
and sanction discrimination against them. Concerning the continued segregation
of Roma children at school, whilst some important steps have been
taken, the measures adopted by the authorities since 2007 have so
far failed to bring about any really significant change in the education
of Roma children. While welcoming the ongoing reform of the education
system in the Czech Republic, the rapporteur urges the authorities
to adopt all the necessary measures for its effective implementation
in order to eliminate, without further delay, practices that lead
to the continued segregation of Roma children. The rapporteur shares
the view of the Commissioner for Human Rights concerning compensation
for Roma women who were victims of involuntary sterilisation without
their full and informed consent and encourages the authorities to
review the compensation system.
105. Based on the above, the rapporteur recommends strengthened
efforts on issues relating to discrimination, racism and intolerance
and implementation of the outstanding recommendations of ECRI and the
Advisory Committee.
106. Concerning the detention of foreign nationals, the rapporteur
recommends that the placement of minors with their parents in detention
centres should occur only as a last resort and for the shortest
possible time and that unaccompanied minors be always accommodated
in an open or semi-open establishment specialising in juveniles.
107. The committee will evaluate the implementation of these recommendations
on the occasion of its next periodic evaluation cycle of member
States that are not under a monitoring procedure sensu stricto or engaged in a post-monitoring
dialogue.
108. Many of the recent positive developments mentioned in this
report depend on new legislation and amendments of existing legislation
proposed by the government but, at the time of writing, not yet
adopted in final reading by the Czech Parliament. Consequently,
the rapporteur urges the Czech Parliament to adopt these legislative
proposals and amendments without delay.