Extremism

Ministry of Interior of the Czech Republic
Security Policy Section

Report on the Issue of Extremism in the Czech Republic in 1999

»contents

7. The Measures Adopted to Eliminate Extremist Crimes

 

7.1 Activities of the Czech Government105

Generally, the Government emphasised the enforcement of tolerance and multi-culture in all spheres of the social life, which were perceived as a barrier against enforcement of various extremist ideologies and xenophobic moods in the society. Building up efficient preventative measures and consistent procedures of the state bodies in repression against offenders of extremist crimes ranked among the fundamental priorities of the Czech Government.

The Czech Government expressed its political will to face a phenomenon of extremist attitudes of officially registered civic association in the Resolutions No. 720 from 14th July 1999 and No. 789 from 28th July 1999.

After setting up the Council for the Human Rights (on 9th December 1998) the Government approved on 17th February 1999 the status of this Council as well as a proposal to appoint public representatives to this Council. Thus was established a real platform where in 1999 the representatives of non-governmental organisations and the public met with the designated representatives of the state administration bodies within the individual expert sections and task force groups of the Council.

Talking about this issue, it is necessary to mention the Section against Manifestations of Racism, which dealt mainly with the fascism and neo-nazi issues as well as with supporters of such ideologies. Attention was paid also to the Republican Party (SPR-RSC) with a special focus on their newspaper ”Republika”.107 The Section also introduced the discussion on the reasons for the Roma immigration and social problems of the Roma community.

The Czech Government Council for Nationalities was involved in the conceptual work relating to national minorities living in the Czech Republic. The Inter-ministerial Committee for the Roma Community Affairs participated in seeking conceptual solutions to the Roma ethnic group situation and dealt with the actual problems, including the Roma exodus.

In 1999, the Government paid high attention to arrangement of the nation-wide campaign against racism under the name ”Tolerance Project”, which commenced on 2nd December 1999 and will last until 30th June 2000.108 Its aim is to publicly highlight irregularity and detrimental and negative influence of racism and xenophobia. Tolerance Project is running at three levels (Information, promotion, and education and training) that should contribute to increasing the tolerance in the society and at the same time to rejecting racial manifestations generally.

In 1999, the Government discussed several times Roma community issues. It adopted a range of Resolutions and took cognisance of the Report of the Inter-ministerial Committee for the Roma Community Affairs.

The Government of the Czech Republic devoted special attention to the construction of the wall in Matiční Street in Ústí n/Labem - Neštěmice, which received attention both in the Czech and foreign media, and presented the Czech Republic in the negative way at the international forum. Taking this into account the Government adopted a number of Resolutions. After its intervention the wall was disassembled on 24th November 1999.109

Among the other activities of the Czech Government the following may be mentioned:

The Government emphasised not only the educational process at primary and secondary schools, but also the training of policemen, state’s prosecutors and judges. The success of all measures adopted depends, apart from others, on development of generally tolerant climate in the society and on following the consistent procedures of all state administration bodies against this undesirable phenomenon. Extremist crimes have been constantly included among the security risks.

7.2 Activities of the Ministry of Interior and the Czech Police

The most important activities of the Ministry of Interior are as follows: organisation of the international symposium ”The Role of the Police Forces in the Suppression of Racism and Xenophobia”, the approach of the Ministry of Interior towards the registered organisation the National Alliance and the Patriotic Front under the Section 12, par. 3(c) of the Act No. 83/1990 Coll., on the Assembly of Citizens, effort to ensure better information provision to the public on danger and forms of extremist manifestations and on options to co-operate with the Czech police in this field.111

Under the auspices on the Minister of Interior the Inter-ministerial Committee for the Public Order was established on 25th February 1999. Roma representatives as well as Ministry of Interior staff together with policemen participated in this Committee. The actual problems relating to the security of the Roma community members were discussed. A Roma advisor to the Minister of Interior for the national minorities actively participated in this Committee. He acted as an intermediary in disputable cases and contributed to their solution.

In 1999, the Ministry of Interior continued providing assistance to Roma job seekers in meeting the prescribed requirements for police work. A pilot project of a one-month training course for national minority members seeking a job with the police was prepared. The project aimed at implementing a training course, which could improve the prospects of Roma candidates for successful job applications. The course will be opened with special emphasis paid to physical and psychological preparation. The course ”graduates” who will be hired by the police service will continue studying at the Secondary Police School of the Ministry of Interior in Brno in the form, which extends their education, reached so far.

In 1999 the Ministry of Interior also worked on the analysis of the police educational needs. This analysis confirmed the need for further extension of education considering the human rights knowledge of the professional police and other bodies responsible for penal proceeding training. This resulted in opening ”The Ministry of Interior Centre for Human Rights Education”. The centre is a part of the Secondary Police School of the Ministry of Interior in Prague.113

New internal management procedures facilitating the measures were adopted to eliminate extremist attitudes. The Order of the Minister of Interior No. 39 from 13th June 1995 was cancelled. It was replaced by the instruction of the Minister of Interior No. 33 from 30th April 1999 for extension of punishment for and prevention of crimes and misdemeanours of racial or extremist nature. The binding instruction of the Police President No.16/1995 and it were replaced by the binding instruction of the Police President No. 70 from 23rd June 1999 that regulated the activities of the Czech police members in their fight against extremist crimes. The instruction of the Director of the Czech Bureau of Investigation No. 2 from 23rd May 1999 was replaced by the instruction of the Director of the Czech Bureau of Investigation No. 1 from 1st June 1999, which determines the organisation for investigation of crimes motivated by racism. The aforementioned internal management procedures link to each other and they comprehensively facilitate the activities of the Czech police in terms of extremism and punishment for extremist crimes.

The Legislative Measures of the Ministry of Interior

In 1999, the preparation of the bill on associations and on revision of some other acts (Act on Associations) ranked among the important legislative activities. The Government approved by its Resolution No. 71 from 17th January 2000 the bill on association and on revision of some other acts, which, apart from others, abolishes the old Act No. 83/1990 Coll., on the Assembly of Citizens. The bill was submitted to Parliament. A proposed legal regulation considering abolishment of associations only by the decision of the Ministry of Interior without the preceding call, intended to apply more efficient approach towards the associations the activities of which would be directed against elimination or restriction of the human rights with regards to the possible consequences of such activities. The abolishment of an association was therefore connected with suspension of its performance and an independent court should decide on a legal remedy. The Chamber of Deputies of Czech Parliament rejected the bill on Associations on 18th May 2000 in the second reading.

Another important activity, the Ministry of Interior participated in, was preparation of the draft act on Protection of National Minorities and on revision of related regulations.

The International Symposium on the ”Role of the Police Forces in the Suppression of Racism and Xenophobia”114

19 representatives from Europe as well as from overseas countries took part in the international symposium with British lecturers.115 There were the following Czech participants: the Police Presidium, the Czech Bureau of Investigation, the Czech Intelligence Service staff, the Czech Police Criminal Department staff involved in extremist issues at the level of regions or districts, and the Ministry of Interior staff.

This symposium was the first meeting of experts involved in extremist issues at the strictly professional intelligence or police platform and laid down the groundings for establishment of an international discussion forum at the level of security forces. It met its goal to inform the foreign participants on the extremism situation in the Czech Republic from the point of view of the policemen on one hand, while on the other hand it enabled the Czech policemen to compare themselves with the foreign specialists.

The symposium participants stated that the extremist manifestations in the Czech Republic were similar to those in other European countries and do not wrench out of the European-wide average. They agreed upon the problem being general and thus it is necessary to pay attention to extremism as a whole (right-wing as well as left-wing), its manifestations and fundamental ideologies. They stressed that extremism represented in all its forms a very important phenomenon endangering the security of all democratic countries irrespectively and it required regular mutual exchange of experience of security forces on multilateral level. In discussion the participants exchanged information on actual steps to be taken by the police so that its procedure against the extremist conduct was efficient. In terms of this issue, attention was also paid to improvement of the police work style and the need to understand that this work should be taken as a service.

The significance of the symposium did not consist only in the fact that the Czech participants were provided with information on situation in other European countries and oversees in order to be able to compare the Czech reality with that abroad, but they also could compare the foreign style and tactics of the police work in prevention and suppression of extremist crimes with the procedures used in our country. In light of this, the symposium brought a range of instigation that could become an impulse for the improvement of the police work in the field of extremism in the Czech Republic.116 Lecturers and comments that were heard during the international symposium will be made available to the Czech and foreign experts by publishing the proceedings in Czech and English versions. The international symposium resulted in the Final Communiqué (the so-called Štiřín Initiative),117 adopted unanimously. The participants suggested:

The symposium participants obligated to inform the government of their countries on this initiative and the Ministry of Interior of the Czech Republic obligated to take over the role of a co-ordination centre until another country to held the symposium were agreed upon. In terms of this issue the Minister of Interior contacted in November 1999 the Minister of Interior of the Slovak Republic and offered him the organisation of a similar event in 2000 in compliance with the Final Communiqué.118

Invocation of Right of Assembly – Punishment of the Associations Registered with the Ministry of Interior

By the Resolution No. 720/1999 the Government defined the need to deal with the civic associations officially registered with the Ministry of Interior provided that there is an assumption that their real orientation and goals or their activities do not fully comply with democratic principles. In terms of this it has proved necessary to monitor those entities bringing extreme attitudes or solutions, although they are presented solely in internal documents or speeches.119

The Government Resolution No. 789/1999 arose thorough an analysis of the publicly accessible information on the civic associations the activities of which led to the suspicion that they stimulate violation of the rights and freedoms of citizens. By Resolution’s item 2b) the government bound the Minister to ”adopt by 30th September 1999 the measures leading to the dissolution of those civic associations the activities of which could restrict or violate the personal, political and other rights of citizens due to their nationality, sex, race, origin, political or other conviction, religious worship and social position, or enkindle hatred and intolerance for the aforementioned reasons, and in case the Ministry of Interior comes to the conclusion that such associations do not operate in the Czech Republic, to inform the Government by 31st October 1999.” The Government took cognisance of the information on measures adopted against the movements stimulating the suppression of citizens´ rights and freedoms by the Resolution No. 1154 from 1st November 1999.

To facilitate the cited Resolutions, which are mutually linked, the Czech Intelligence Service evaluated on the basis of intelligence information three civic associations, namely the Patriotic Front, the National Alliance and The Castist National Front. Their ideological sources influencing these organisations´ activities were documented by the extracts from their programme documents, periodicals, etc. The internal print outs of the Patriotic Front (Obrana národa (National Defence), Hlas národní mládeže (National Youth Voice) – print out of the local organisation, and the leaflets this organisation spreads) and the current programme of the Patriotic Front were assessed together with the journal of the National Alliance ”Vlajka” (”Flag”) – The Journal of Modern Patriotism as well as public speeches of its representatives on 28th October 1999, and finally the print outs of the Castist National Front (Národní boj – the National Fight, and pamphlets) were included as well.

Unlawful activities of the Patriotic Front were found in connection with some points of its current programme published under the name ”Action Programme of the Patriotic Front ” on the Internet. This action programme was assessed in terms of its compliance with the constitution framework of the fundamental rights and freedoms.120 It was found that the legitimate framework of the discussion exceeded the intention of the Patriotic Front expressed in the 1st part of its Action Programme – Internal Policy aiming at legalising the obligation of every citizen of the Czech Republic to acknowledge his/her true nationality. The overall concept of the Action Programme resulted from the idea of the national division of the citizens of the Czech Republic. The concept prefers the Czech nation, by which only citizens of the Czech nationality are understood, to other nations. The discrimination of the citizens of a different nationality is expressly documented in the Action Programme of the Patriotic Front by its Part 4 – Allotting Flats with a subtitle ”Favouring the Czech families!” Under the Article 1 of the International Convention on Elimination of All Forms of Racial Discrimination (published in the Collection of Laws under the number 95/1974) it was necessary to consider such distinction based on national or ethnic origin to be racial discrimination, whose aim or consequence is to restrict human rights and fundamental freedoms, which result from the equality in all spheres of the public life including political, economic, social, or cultural life. The declaration of the Patriotic Front under which marriages entered in with non-European immigrants and racially mixed marriages were called ”marriage degradation” (see the Part 4 of the Action Programme – Family) was found to be the manifestation of incitement of national and racial hatred.

With regards to the intentions of the Patriotic Front declared in the aforementioned point of their Action Programme which did not comply with the provisions of Section 4(a, b) of the Act No. 83/1990 Coll., on Assembly of the Citizens, the Ministry of Interior applied the procedure under the Section 12, paragraph3(c) of the cited Act and required the Patriotic Front to eliminate the above mentioned activities and to provide within a month from receiving the call information on measures taken. On the basis of this call the Patriotic Front submitted to the Ministry of Interior a letter dated on 29th November 1999 containing the adjusted Action Programme. The Ministry of Interior took cognisance of it acknowledging that there were no reasons to apply further procedures under the Section 12 par. 3 of the Act No. 83/1990 Coll., on Assembly of the Citizens.

In the case of the National Alliance, its attitude to the holocaust disseminated by the Vlajka – the Journal of Modern Patriotism and in the public speeches of Vladimír Skoupý, the principal representative of the Alliance, was assessed.121 The Ministry of Interior came to the conclusion that the mentioned attitude openly denied the holocaust, which is generally perceived as the extermination of Jews. Those statements were assessed pursuant to the provisions of the Act No. 83/1990 Coll., on Assembly of the Citizens, in particular to Section 4(a) of the Act cited, which stipulate the unpermitted associations. The above stated activity ranked the National Alliance among the unpermited associations. Therefore the Ministry of Interior called for the National Alliance by the letter dated on 2nd November 1999 to cease the indicated unlawful activity. The National Alliance responded to the Ministry of Interior on 23rd November 1999 by a written statement that informed of the decision of the regional management of the National Alliance to terminate publishing of the ”Vlajka” - the Journal of Modern Patriotism. The members of this association would in the future refrain in their public speeches from inappropriate statements relating to holocaust and similar inappropriate statements. On the basis of this statement the Ministry of Interior came to the conclusion that the decision to dissolve the National Alliance would not be justified. However, the regional leader, Vladimír Soukup was apprehended by the police in February 2000 and charged of the support and promotion of movements suppressing citizens´ rights and freedoms. In Ministry of Interior’s opinion he presented the ideological groundings of the National Alliance which are irrespective of the Constitution of the Czech Republic and the valid laws, the Ministry of Interior decided to dissolve the National Alliance on 31st march 2000.

In the case of the Castist National Front, the only prints out available to the Ministry of Interior were Národní boj – the National Fight and leaflets issued by this association in 1994 - 1996, which without any doubt relate to the fact that the leaders of this association are currently imprisoned for crimes of violence. Regarding the fact that the materials available in this case are not current it was not required to apply the relevant procedure under Section 12 par.3 of the Act No. 83/1990 Coll.

In December 1999, the Ministry of Interior dealt with the notification of the Party of Czechoslovak Communists on the change of its Articles of Association consisting, apart from other things, in the change of their name to the Communist Party of Czechoslovakia. Regarding the new wording of the Articles of Association mentioning in connection with the programme goals of the Party, Marxist-Leninist theory, the Party was called upon to explain their intentions in particular in the context of the Act No. 198/1993 Coll., on Unlawfulness of the Communist Regime and Resistance Against It. After the party had made essential adjustment of its programme goals, which was considered sufficient according to the Act No. 424/1991 Coll., on Assembly in Political Parties and Political Movements, as amended, the Ministry of Interior registered the changed Articles of Association on 16th February 2000.122

Providing Information to the Public on the Danger and Forms of the Extremist Manifestations and on the Options of Co-operation with the Czech Police123

Generally, media presence is crucial for the majority of extremist groups. They provoke clashes, skirmishes and ”pseudo-events” that in their final effect provide them with the option to inform the public through the media of their existence and even to attract new supporters, mainly among young people. It is a frequent way by which such groups or individuals ”make themselves visible” and demonstrate their ides to the wide public. The media, often independently of each other, in their effort to inform the public publishes a lot of negative information, and thus they make the extremist phenomenon popular without intending it.

Nation-wide news programmes, by broadcasting the recordings of the events attractive from the media point of view among which the extremist activities rank frequently, highlight the local affairs that would have faded out without the publicity created by television. The TV news in its effort to inform spectators repeatedly shows reoccurring shots of public extremist manifestations without in-depth commentaries and analyses. The shots are usually later used as illustrative pictures for the print news. Thus the mentioned individuals and groups as well as their opinions receive unwanted publicity followed by the increased interest of radio broadcasting and newspapers. As an example we can mention the regional leader of the National Alliance, Vladimír Skoupý. This, a year ago unknown young man, who decided to acquire the votes for foundations of a political party, in 1999 based his ascension just on media popularity.

With regards to the aforementioned facts, the Ministry of Interior produced in 1999 a project that would contribute to the better informing of citizens.

The Ministry of Interior also provided the mass media with objective information on the successful projects and activities focused on the Roma community. In the course of 1999 the Ministry of Interior managed to begin co-operation with some periodicals that regularly informed on such events and thus contributed to reduction of prejudices and xenophobia.

Problem of Extremism in the System of Crime Prevention

The Ministry of Interior is responsible for the work of the secretariat of the Republican Crime Prevention Committee, and conceptual, leadership and methodological aspects of the development of prevention programmes at the local level. Within such programmes priority is assigned to the implementation of schemes aimed at crime elimination such as the Comprehensive Crime Prevention Joint Programme at the Local Level (hereinafter the ”Comprehensive Programme”), which joins 66 cities. Within the ”Comprehensive Programme” priority is assigned to individual projects aiming at elimination of crimes motivated by racism or xenophobia or committed by extremist group supporters and at informing the public on the danger of extremist movements. Those projects focused on improvement of inter-ethnic relations, unfavourable social situations of some Roma communities and on positive emancipation of individual Roma. In 1999, 74 projects were supported by the amount of CZK 6,473,000.

An integral part of the prevention is to timely bring under control extremist tendencies of youth and children, departure from such tendencies or timely rectification. In the light of this a new, inter-ministerial project ”Prompt Intervention Centre”124 was implemented.

After the quality and meaningfulness of the projects supporting the Roma community were evaluated, ”The methodology for implementing projects supporting deprived Roma communities” and creating positive inter-ethnic relations in the framework of the ”Comprehensive Programme ” was completed. This methodology contains recommendations to the people who will implement those projects in the future. The methodology is based on the assumption that overcoming prejudices, xenophobia restriction, tolerance and patience on the side of majority and emancipation, education, finding the place in the society on the side of Roma will restrict racially motivated crimes and ensure mutual coexistence without conflicts.

Extremist Issues within the Czech Police

In 1995, foundations were laid for the combat of extremism by the Czech police by the establishment of a specialised section in the Police Presidium and by the introduction of this special activity at the district and regional levels (1996). However such activities were not supported by an internal management procedure, which would provide wide and system solutions for the Czech police as a whole. This shortcoming reflected low level of experience with the extremist issues that were brand new in the Czech Republic.

In 1999, by issuing the binding instruction of the Police President No. 70 (23rd June 1999) the police work on extremist issues was comprehensively and systematically covered with emphasis on links among individual units of the Czech police, setting up police specialist duties, etc. Its key philosophy is that the fight against extremism has to be fought by policemen at the lowest levels of the police service, including the uniform (patrol) police. They have to work with experts from the criminal police departments at individual levels to ensure information flow, which is especially important if such kinds of crimes are to be successfully documented.

Personnel Coverage of Extremism

In 1999, some shortcomings, figured out in 1998, continued in the personnel coverage of extremism.

Official jobs assigned to this area were fully filled in 1999, however the experts in most criminal police departments were also assigned, to a different extent, other tasks in compliance with the decisions of their superiors, such as juvenile crimes, drug addiction, searching for people and articles, property and violent crime detection. They also became the members of various task force groups and specialised teams. However, turnover of the staff involved in extremist issues continued. In 1999, a high turnover of policemen assigned to detection of extremist issues was recorded e.g. in east Bohemia. Changes in the position of staff dealing with extremism occurred in 5 out of 11 districts in the regions (in 1998 the above mentioned changes occurred in 7 districts). On the other hand, e.g. in South Bohemia the personnel coverage of extremism was steady. None of the specialists was assigned a different task on a long-term basis.

The aforementioned facts projected also into the output of their work. The differences in the work output reflected not only the personal activity of policemen but also the space created for them by their superiors who, in some cases, in 1999 continued underestimating extremist issues.125 In 1999, this was not increased within the Czech police and it was one of the reasons for the resignation of some policemen. In the situation when a supposed period needed to train a policeman to a required level of specialisation is approximately two years, this phenomenon is undesirable and it will be necessary to eliminate it in the future.126 Therefore the Ministry of Interior will adopt some organisational measures that should improve the current situation.

Education and Training of Police Officers and Investigators

The preparation of the Czech police members at the secondary police schools of the Ministry of Interior and at the Police Academy of the Czech Republic is understood to be an integral part of ongoing education and training activities. It also involves activities focusing on human rights protection and police work with minority communities including communication and negotiation skills.

In 1999, professional seminars and methodological courses were held under the responsibility of the secondary police schools and the Police Academy of the Czech Republic. They were aimed at the pupils and students of those schools as well as at teachers and policemen active in police service.127 The activities were as follows:

As in 1998, in 1999 emphasis was put on the education of young policemen. Extremist issues are now incorporated into the secondary police school syllabus, in particular into the programme of basic professional training of police officers in A-Level (four years) and follow-up courses. The above topics are incorporated to the following subjects: law, psychology and police deontology as well as in specialist subjects according to the type of police service (uniform police, criminal police, operative-investigation services). In A-level and follow-up courses, the relevant topics have been included in academic subjects (such as social sciences, history, geography, and biology).

In the course of 1999, in compliance with the needs of current police practice, an interpretation of newly adopted legislative provisions, published information and other material were included in the lessons. These were for example new internal management procedures of the Police President of the Czech Republic, articles published in professional miscellanies and journals (Kriminalistický sborník – Criminal Miscellany, Kriminalista – The Criminalist, Policista – The Policeman), periodicals issued by the Ministry of Interior. The teachers also used in their lessons the information gained at the seminars held by the Ministry of Interior or other institutions. At some secondary police school the teachers also used audio-visuals. In 1999, special video-programmes were made for training needs: ”Racism Yesterday and Today”. The teachers could also use e.g. video-programme ”Sects and Extremism”. The textbook ”Extremism” also remained in 1999 a basic teaching material for extremist topics. It was used both for the students of the police schools, and for the policemen specialising in extremist issues.128

In 1999, in compliance with the plan of control and methodological activities, the Training Section of the Human Resource and Training Department carried out observations at all secondary police schools. These observations concentrated, in addition to other activities, on the syllabus, if they are observed, and on how the textbooks are used. No significant shortcomings were determined.129

Further training of police officers and investigators was provided by individual units of the Czech police and bureaux of investigation in the form of seminars and lectures. Investigators, criminal police experts and state’s prosecutors participated in such training curses. The tailor-made seminars contributed without any doubt to elimination of problems relating to legal qualification, and proving the crimes motivated by racism. Such problems were marginally better in 1998. The training course also informed the participants on new trends in extremism. The Ministry of Interior is preparing the translation of the 1999 Security Report of the Federal Bureau for Constitution Protection, which will be then used a study material and will be distributed to the police experts.

Extremist Crimes Committed by Policemen

In 1999, in total 345 policemen were charged of committing at least one offence while these policemen committed a total number of 438 offences.130 Out of the total number of the policemen – offenders two policemen were prosecuted for racially motivated crimes.

On the basis of investigation of the officers of the Ministry of Interior Inspection, hearing of involved persons and other gathered information T.B., born 1973 was notified of a charge. On 13th February 1999 at about 00.45 a.m., i.e. when he was off-duty, in the RÁJ restaurant in Ostrov (in the district of Karlovy Vary) in the presence of other guests he rudely, verbally attacked a group of Roma sitting in the restaurant using the following words: ”You Gypsy fuckers – you will be exterminated. Blacks to gas. Black fuckers, black gobs, black dickheads, black gobs. The blacks get out of here, it isn’t the place for you.” The policeman was charged by the investigator of the regional Bureau of Investigation in Pilsen of defamation of a nation, race and conviction under the Section 198 par. 1 and rowdyism under the Section 202 par. 1 of the Criminal Code. The charges against him were brought on 23rd September 1999.

The importance of this case is underlined by the fact that policeman T.B. was on 6th May 1998 prosecuted being charged of the crime under Section 260 par. 1 of the Criminal Code – support and propagation of Movements aimed at suppressing citizens’ rights and freedoms since on 25th January 1998 in the afternoon, when he was off-duty he was walking in the town Ostrov (the district of Karlovy Vary), in other words he was at the public place and he was wearing on his left sleeve of his civil clothes a band with a black swastika on the white field. By this conduct the policeman publicly propagated fascism, the movements which suppress citizens’ rights and freedoms. After being notified of a charge, his service with the police was terminated on 7th May 1998. On 4th November 1998, T.B. was sentenced to 12-month imprisonment with suspension of one year. The verdict came into effect on 16th December 1998. Due to the fact that the policemen was in service in Prague and his superior received the verdict two months after it came into effect T.B. was laid off on 18th March 1999, i.e. a day after being charged of two more offences.

The second incident happened in North Moravia. On the basis of the so far gathered information was policeman L.K. born 1976 notified of a charge since on 4th September 1999 at about 11.00 p.m. in Nový Jičín in cafe ”U Knihotoče” at Masaryk Square he tried to collect money from the present guests in a glass box to support, using his own words, ”extermination of Gypsies”. Once two guests notified him of his inappropriate behaviour, he put CZK 200 to the glass box as an initial deposit for the given purpose. After again being notified by the guests of the fact that he was not behaving appropriately and being asked not to disturb them, he verbally attacked the guest using rude words. He assaulted one guest hitting him on face with his hand; he threw down the glass from the table and again hit the previously assaulted guest in his face. This guests then prevented the offender from continue in this conduct.

The above mentioned policeman is prosecuted by an investigator of the District Bureau of Investigation in Nový Jičín for the crimes under the Section 198(a) par. 1 of the Criminal Code – incitement of national and racial hatred and under the Section 202 par. 1 of the Criminal Code-rowdyism.

7.3 Activities of the Ministry of Justice and the Supreme State Prosecutor’s Office
The Ministry of Justice

In 1999, the courts lawfully sentenced 166 persons for the crimes motivated by racial intolerance (138 persons in 1998), which accounts for 0.2% of the total number of 62, 595 persons lawfully sentenced. Of the total number of persons 56 were juveniles (i.e. 33.7%) and 13 persons were repeated offenders.

Most persons (58) were sentenced under the Sections 260 or 261 of the Criminal Code – support and propagation of movements aimed at suppressing citizens’ rights and freedoms, 33 offenders were sentenced under the Section 196 of the Criminal Code – violence against group of citizens or an individual, 31 persons under the Section 198 or 198a of the Criminal Code –defamation of a nation, race or conviction or incitement of national and racial hatred respectively, 13 persons under Section 221 of the Criminal Code injury to health motivated by racism, and 11 persons under Section 222 of the Criminal Code – intentional severe injury to another’s person health motivated by racism. Three persons were sentenced for a murder under Section 219/1,2(g) of the Criminal Code. For such a crime, sentences were imposed without suspension from 6 and a half years to 8 years and 3 months.

The greatest number of persons sentenced for above crimes were recorded in North Moravia (56) and South Moravia (48).

In the majority cases, 134 persons, the sentenced persons received sentences with suspension (61.4%). Sentences without a suspension were imposed on 16 sentenced persons (9.6%) and other sentences were imposed on 16 sentenced persons.

The instruction of the Minister of Justice to presiding judges to review decisions in closed matters as to their lawfulness and to give room for complaints about violations of the law where appropriate remained valid. In 1999, the Minister of Justice lodged two complaints. The Supreme Court of the Czech Republic by its judgement decided that the law was violated in favour of the accused and decided to return the case for a new proceeding.131

Supreme State Prosecutor’s Office

In comparison with 1998, the number of prosecuted and accused persons for aforementioned crimes increased in 1999 (while in the years 1994 – 1997 the ratios of prosecuted and accused persons were constantly rising, sometimes considerably, the year 1998 was special since it saw a decline in the number of individuals investigated and charged, e.g. individuals prosecuted for the following crimes: violence against a group of citizens or an individual – Section 196, 2 and 3, incitement of national and racial hatred – Section 198a, damaging another’s property - Secrion257/2(b) and support and propagation of movements aimed at suppressing citizens’ rights and freedoms – Section 260 of the Criminal Code).

In 1999, the number of prosecuted and charged persons accused of the following crimes increased: support and propagation of movements aimed at suppressing citizens’ rights and freedoms Section 260, violence against a group of citizens or an individual – Section 196/2,3 and incitement of national and racial hatred – Section 198a of the Criminal Code. The statistical data demonstrate a considerable rise of the crimes under Section 196/3 of the Criminal Code (sevenfold of the persons prosecuted in 1998) and Section 260 of the Criminal Code (100% increase). The level of crimes motivated by racism, nationalism or other similar reasons was more or less the same, or there was a mild decline (e.g. crimes under Section 198 of the Criminal Code and murders under Section 219/1,2,(g) of the Criminal Code. However, this might be contingent. For example in 1998 the number of prosecuted and accused increased threefold while 1999 saw a decline by one third).

In 1999, the incidence of crimes committed as a result of national or racial motivation or other similar type of hatred was also variable in individual regions.

In terms of crime structure the offences committed by juveniles or persons close to juveniles dominated. The offenders were almost exclusively skinhead movement members or supporters. They were frequently repeated offenders. The verbal and physical attacks were directed mostly against the Roma peers.

In punishing these kind of crimes the state prosecutors continued to follow the general instruction of the Chief Prosecutor No. 3/1995, which assigned state prosecutor’s offices at lower levels some special duties relating to the crimes committed as a result of national or racial hatred. In addition to his commons duties and responsibility a state prosecutor, as a rule, he also participates in important investigations of serious crimes. The majority of state prosecutor’s offices established ”collection files” where information on racially motivated offences gained from the police situation reports is gathered. Collection files, however, also contain other kind of information, such as meeting of extremist movement members, although no crime was committed there.

It is usually difficult to prove an offence committed by the wearing various symbols and cloth badges, which are worn on the cloths of skinhead movement supporters. The problems come up when these are not obvious fascist symbols, but signs written in German or English. An expert’s opinion is needed to assess the interpretation. Moreover it is usually figured out that the holders of such signs do not understand their content (it is difficult to prove the contrary). Thus it is difficult to prove that the crime under Section 261 of the Criminal Code was committed.

Acquiring an expert’s opinions as evidence to prove a racial motive of the crime is usually difficult because in the jurisdiction of some regional courts no such experts are listed. Experts in history, mainly those studying modern history, are used; nevertheless, their opinions are not always sufficient and have to be supplemented. Cases where experts have problems duly assessing movement symbols and signs or the movement itself in terms of assigning the symbols and signs to the actual movement or they are not able to realise what religious, racial or national ideology the movement propagates are not exceptional. Completing such expert’s opinions delayed the preparatory proceeding.

ČR Sec.196/2 Sec.196/3 Sec.198 Sec.198a) Sec.219/2g) Sec.221/2b)
prosecut accused prosecut accused prosecut accused prosecut accused prosecut accused prosecut accused
1989         44 25            
1990         14 1            
1991         6 4 0 0        
1992         1 1 1 0     3 2
1993         15 9 8 4     1 0
1994         40 36 13 12     3 3
1995 177 162 18 17 112 108 28 22 0 0 13 12
1996 210 179 18 17 74 66 30 29 1 1 90 82
1997 150 119 29 19 107 103 25 20 0 0 56 55
1998 126 111 3 0 124 90 7 6 3 2 40 36
1999 139 123 24 24 103 91 12 11 2 2 42 42

ČR Sec.222/2b) Sec.235/2f) Sec.257/2b) Sec.260 Sec.261
prosecut accused prosecut accused prosecut accused prosecut accused prosecut accused
1989             6 4 33 30
1990             3 1 7 2
1991             1 0 3 1
1992 0 0         2 0 14 12
1993 3 1         8 5 11 6
1994 13 12         34 32 13 13
1995 23 23 0 0 6 5 13 11 118 101
1996 42 41 1 1 27 25 30 27 93 84
1997 45 43 5 5 18 15 29 18 105 98
1998 28 28 6 6 16 16 27 15 155 129
1999 30 28 1 0 16 16 52 37 159 136

7.4 Activities of the Ministry of Defence
Protection of Human Rights and Control of Such Protection

In 1999, in dealing with petitions and citizens’ complaints (94) the subject of no complaint was racism, racial discrimination or xenophobia. No telephone calls received on the Army Open Line, which came into operation in March 1999, related to racial issues.

In 1999, within the control of the observation of human rights the inspection teams paid considerable attention to racial discrimination at selected military organisations. Special attention was devoted to military training centres.132 In 1999, the Human Rights Control Department and a Chief Inspector checked whether human rights are observed at three army regiments and two training centres: in Čáslav, Strakonice and at Secondary Army School in Brno and Army Academy in Vyškov na Moravě. No problems related to human rights observation were detected. In an army regiment in Hranice na Moravě the soldiers of Roma nationality indicated they had problems finding their places in the team because the others did not want to accept them. The army commanders were therefore notified to take into account racial discrimination matters and to serve as good examples in an equal approach to all soldiers through their personal behaviour.

Prevention of Pathological Social Phenomena

Within the Ministry of Defence problems resulting from racism, xenophobia or extremism have not occured very often so far. That is why there have not been special programmes or events relating to extremism but those issues were incorporated into prevention of pathological social phenomena activities, such as educational and cultural events.

Shortly after their enlistment, national servicemen are provided with information on racism and xenophobia. National servicemen who attend training courses at army schools for future junior ranking commanders are informed of the danger of individual pathological social phenomena and they are taught how to respond to them. The Social Prevention Section alongside with the Main Human Resource Department of the Ministry of Defence facilitates at the Army College in Vyškov two-week courses in the prevention of pathological social phenomena for commanders of troops, companies, air squadrons and batteries. Racism and xenophobia rank among the principal topics. Professional soldiers are informed within the commander’s preparation on actual problems in this area annually. The topics related to prevention of pathological social phenomena, thus also the prevention of racism and xenophobia, are incorporated to ”Organisational Methodological Instructions for Army Schools for the Academic Year 1999/2000. The pupils and students of secondary schools as well as colleges learned about those topics in social sciences in the form of special lectures. Considerable attention was paid to anti-Semitism, racism and xenophobia in the training of professional soldiers prior their involvement in foreign missions of international organisations.

Activities of the Military Police in 1999133

In 1999, the co-operation with the Czech police specialist departments involved in extremist issues was extended. This co-operation of the military police and Czech police bodies consisted firstly in exchanging information resulting in timely detection and prevention of extremist conduct.

In 1999, the military police investigated 5, 839 cases for suspicion of unlawful conduct. Out of this number, there were 8 cases that could be assessed as offences motivated by racism and xenophobia.

Of those 8 cases, the military police investigated 5 cases for suspicion of support and propagation of movements aimed at suppressing citizens’ rights and freedoms under Sections 260 and  261 of the Criminal Code, 3 cases of suspicion of violence against a group of citizens or an individual under Section 196 of the Criminal Code.

The offenders conducted the following unlawful activities: in one case – dissemination of prints out promoting fascism, in two cases – wearing fascist uniforms, in three cases – physical assaults of persons of Roma or Asian nationality, and in two cases – verbal attacks.

10 persons were suspected of commitng crimes– 7 national servicemen, two junior commanding officers in further service and 1 professional soldier with the rank of warrant officer. The files of 7 persons were submitted to the Czech police investigator with the proposal to commence prosecution.134 Army commanding bodies solved one case, and the suspicion was not proven in two cases and investigations were terminated.

In 1999, the military police in co-operation with the Czech police participated in solving two cases related to the activities of extremist groups. Civilians – young people oriented to extremist activities made use of army premises no longer utilised for army purposes. In August 1999 a technoparty attended by about 5,000 people took place in the isolated army premises in Buková Lhota (Benešov district), however no claims were made. Skinhead supporters repeatedly used the army premises in Jeneč u Slaného. In this case the commanding bodies in co-operation with the Czech police adopted on 4th December 1999 special measures to prevent these people from entering the premises. The military police did not detect similar activities directly in the Czech Army units or regiments.

7.5 Activities of the Ministry of Culture

As in 1998, the Ministry of Culture announced a tender for projects for 1999 support of cultural events of the national minority members living in the Czech Republic. Such events could involve artistic activities, educational or training activities in various fields, research into national cultural and folk traditions of the national minority, documentation of national culture, and publication activity or multi-ethnic cultural events. 111 projects from 77 civic associations entered the tender. The total sum demanded equalled nearly CZK 30 million. 72 projects were awarded and granted state subsidies in the amount of about CZK 8.9 million. In addition, two significant projects were awarded – ”Child Tolerance Festival” and the Roma music festival ”Khamoro 99”. For the simple reason that there were not enough funds, some projects received moral support in the form of patronage or a certificate of the Ministry of Culture. The social prestige of some events was increased by the presence of the Minister of Culture (e.g. festival ”Khamoro”, patronage over an extensive project - ”Amare Roma – Our Roma ”, including performance in the first part of this cyclopaedia). The Ministry is going to continue announcing similar tenders in the future.

One of the most significant projects, which deserves state’s support, is the Museum of Roma Culture in Brno. The planned reconstruction has not been finished yet, however the Museum was very active. For example they opened the exhibition ”Seeking Home - Rodas amaro than”, which was installed for more than a half a year in Brno and was met with a wide reception of a large number of visitors.135

7.6 Activities of the Ministry of Labour and Social Affairs

In the field of employment the Act No. 167 from 13th July 1999 amended the Act No. 1/1991 Coll., on Employment136, which in Section 1 ”The Right for Employment” stipulates the equal access to employment. Thus a prohibition on discrimination got the form of a legal provision. In terms of prevention and punishment of extremist oriented crimes this amendment is important as a prohibition on discrimination of Roma minority members in the labour market. In the year monitored, no complaint in this field was recorded.

The Ministry of Labour and Social Affairs works intensively on prevention of pathological social phenomena appearing among young people. Since 1999 the Ministry has participated in providing methodological support and supervising the project ”Prompt Intervention Centre” in Ostrava.137 It also ensured training programmes for the project staff at relevant departments.

In 1999, the Ministry participated in the development of programmes of social ”exercise”, psychological advisory, treatment of addiction, training programmes aimed at acquiring appropriate qualification and programmes focused on crimes of extremist nature.138 In the course of the year monitored there were several meetings of curators for youth with probationary officers. The conclusion is that a curator for youth will closely co-operate with probationary officers during the preparatory proceedings and they should complete documents for the court or the State Prosecutor’s Office, which could be used for imposing an alternative punishment. The common work of curator for youth and probationary officers in prosecuting juveniles should contribute to the motivation of young offenders to solve and remedy the consequences of their crimes, in particular to help victims and the nearest social environment. The further development of the co-operation of curators for youth with probationary officers will be the common point also in 2000.

7.7 Activities of the Ministry of Education, Youth, and Sports

By the instruction of the Minister of Education No. 20/1999 the advisory group for the multinational education to the minister was established. This group comprises representatives of minorities living in the Czech Republic, representatives of state administration bodies and representatives of indicatives –Association of Municipalities with Asylum Facilities.

The new Act on Education that is being prepared will respect the specific requirements of national minorities. This act will especially guarantee: equal education irrespective of nationality, the option to teach the minority language, the option to acquire education in this language at the schools of national minorities in compliance with the Act and Article 24 of the Framework Convention on Protection of National Minorities, the right of disabled and otherwise handicapped pupils with special forms and methods of training corresponding to their needs, and last but not least the right of a child to education.

The Pedagogic Research Institutions were required in putting together teaching materials to incorporate into the draft research and conception materials multi-cultural education and education against racism and xenophobia including the comprehensive solution of issues relating to multi-national schools.139

The Ministry of Education, Youth, and Sports co-operates with the cultural centres of foreign embassies (the USA, Great Britain, Sweden, Israel, Denmark, the Netherlands) in the Czech Republic involved in the further education of teachers towards tolerance and human rights, and supports across the border co-operation with schools in Germany and Poland. It is for example the project ”The School Without Borders” (Hrádek nad Nisou and Hartau – exchange of children for language lessons) or the project ”To Get Known Our Own Abroad” (Euro Egrensis) focused on the exchange of methodologies and creation of the common educational programmes.

The Group of regional Schools of the Ministry of Education, Youth, and Sports supports specific programmes aimed at the human rights and multi-culture in the form of interactive teaching methods. The project Citizen (is co-ordinated by the Development Education Institution of the Teachers´ College in Prague and the Association for Citizenship Education), Where Europe and Islands and Cross-roads End (Tereza- Association for Environmental Education), education oriented to human rights - ”Neighbours” (the Czech Helsinki Committee – Ms.Ondráčková, M.A.) Improvement of Language Communication of the Pupils of Foreign Nationalities – J. Broskva primary school in Brno (pupils of Vietnamese, Ukrainian, Russian and Angola nationalities) and primary school in Vídeňská Street in Znojmo (Mongolian children). Lost Neighbours (Educational and Cultural Centre of the Jewish Museum – searching for people who survived the Holocaust).

The activities of Colleges especially of Teacher’s Colleges include:

With the current situation in mind we have to admit that further targeted education in the field of human rights is required. It is necessary to overcome some prejudices from the past, which are obvious even nowadays, and they call a certain scepsis of the young generation towards the development of human rights. The protection of national minorities is not a priority, but emphasis is put on the protection of a citizen’s personality, economic and social rights of citizens. The aim of the educational institutions should be theoretical knowledge of graduates focused on its practical usage.

The Ministry of Education, Youth, and Sports worked with non-governmental entities on programmes of multicultural education, education in human rights, programmes of crime prevention and in the field of education dealing with Roma issues. The Ministry regularly provided state subsidies, especially to:

Every year the Ministry of Education Youth, and Sports supplies schools with publication and factsheets relating to multi-culture focused mainly on getting known the culture of Roma and Jews, and to the education in tolerance and against racism.