Doc. 7999

28 January 1998

Violation of the Constitution of the Czech Republic

Written Declaration No. 269

This written declaration commits only the members who have signed it

1.       The Constitutional Act No.1/1993 Coll., the Constitution of the Czech Republic, has been violated by the following:

a.       On 6 January 1998 and in contradiction to Article 27, section 5 of the Constitution of the Czech Republic, Mr Miroslav Sládek, Deputy and Chairman of the Republic Party of Czechoslovakia was arrested. Not only did Mr Sládek not commit any crime at the time of detention, but this fact was not even notified to the Chairman of the Chamber by the competent authorities. Moreover, Mr Sládek was put on remand, where he had to remain for 16 days until 23 January 1998, when he was, on the decision by the District Court for Prague 1, released and wholly acquitted.

b.       The Deputy, Mr Sládek, was thus deprived of the opportunity to implement his mandate in the Chamber of Deputies of the Parliament of the Czech Republic, to which he has been elected, for 16 days. In particular, Mr Sládek was unable to attend the presidential election in a joint meeting of the Chamber of Deputies and the Senate on 20 January 1998.

c.       Therefore the Deputy, Mr Sládek, was deprived of the right to elect the President, despite the fact that he expressed his wish to vote and the ballot was technically possible. So, Article 58 of the Constitution of the Czech Republic was violated.

d.       The same article of the Constitution of the Czech Republic has also been violated in another respect. If the opportunity had been given to Mr Sládek, who is a political opponent of Mr Václav Havel, and who asked rightfully to vote, Mr Havel, who won by a majority of only one vote, would not have been elected President of the Czech Republic.

2.       The undersigned, members of the Assembly, on the basis of the aforementioned facts, express their denunciation of the conduct of the competent authorities of the Czech Republic, which is in serious contradiction with the Constitution and principles of the Council of Europe.

Signed : ¹

Jirousova, Czech Republic, UEL

Glotov, Russia, UEL

Savitsky, Russia, UEL

Oleinik, Russia, UEL

Filimonov, Russia, UEL

Kulbaka, Russia, NR

Melnikov, Russia, UEL

Ryabov, Russia, NR

Ziuganov, Russia, UEL

Chyzh, Ukraine, SOC

Marmazov, Ukraine, UEL

Loukota, Czech Republic, NR

Arzilli, San Marino, EPP/CD

Speroni, Italy, NR

Gnaga, Italy, NR

_____________

Total = 15

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG:European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL : Group of the Unified European Left

      NR : Not registered in a group