COMMITTEE AGAINST TORTURE HEARS RESPONSE OF THE CZECH REPUBLIC TO QUESTIONS RAISED BY EXPERTS

CAT
26th session
8 May 2001
Afternoon



Racially Motivated Crimes are Carried out
by Skinheads, Delegation Says



The Committee against Torture this afternoon heard the response of the Government of the Czech Republic to questions raised by its Experts concerning the second periodic report of that country on how it was implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Among other things, the delegation of the Czech Republic said that alleged racially motivated crimes were carried out by skinheads and extremist movements, some of which had transnational connections; although there was legislation against the existence of such groups, the law was not sufficiently implemented. The Ministry of Justice had registered in the year 2000 a total of 307 racially motivated crimes of which 148 cases had been treated by the courts and sentences had been enforced. In addition, the extremist movement -- the National Alliance -- had been banned by the Government, but it had lodged an appeal before a court.

The delegation said that there were minorities in the Czech Republic, the principal ones being the Slovaks, Poles, Germans and Hungarians. The Roma community was estimated to comprise between 200,000 and 250,000 persons; and the main problems with the Roma minority were cultural differences, social behaviour and the influence of the former totalitarian regime. The education of Roma was a main priority of the Government as part of the integration policy for that community. But the problem was that education did not represent a value for the Roma, and the majority of the population approached the Roma issue insensitively

Reacting to some of the responses, a Committee Expert said that the fact that the majority of children in the special schools were Roma was a sign that the Government was pursuing a policy in which it was placing Roma children in those schools. The special schools were intended for mentally retarded children, which was not the case for Roma children.

The Committee will release its concluding observations and recommendations on the report of the Czech Republic at 3 p.m. on Monday, 14 May in the presence of the Government delegation from the Czech Republic.

The Czech Republic is among the 123 States parties to the Convention against Torture and as such it must file periodic summaries of its performance to give effect to the provisions of the treaty.

Before adjourning its afternoon meeting, the Committee held a private session to discuss matters related to its mandate.

When the Committee reconvenes at 10 a.m. on Wednesday, 9 May, it will take up the initial report of Kazakhstan (document CAT/C/47/Add.1).

Response of the Czech Republic

In response to questions raised in relation to the situation in the Czech Republic, the delegation said that the problem of racial discrimination surged after the fall of the Communist regime and with the arrival of immigrants in the society which was not familiar with multiculturalism. Although the Government had taken a number of measures to raise awareness in the society, the courts were unable to decide on whether or not certain acts of violence were racially motivated.

The delegation said that there were minorities in the Czech Republic, the principal ones being the Slovaks, Poles, Germans and Hungarians. Those minorities shared the values and living style of the majority of the Czech population. The only problem the Government encountered concerned the Roma minority. The Roma community was estimated to be made up of between 200,000 and 250,000 persons. The main problems with that minority were cultural differences, social behaviour and the influence of former totalitarian regime. The education of the Roma was a main priority of the Government as part of its integration policy of that community. The problem was that education did not represent a value for the Roma and the majority of the population approached this issue insensitively. Many Roma children were placed in so-called special schools.

Part of the Roma community in the Czech Republic had immigrated to the United Kingdom and Canada, the delegation said. The immigration was not for reasons of persecution but to find better living conditions in those countries. The Czech Government was endeavouring to improve the living conditions of the Roma community, to eliminate their problems in education, and to promote their employment. The Government was also encouraging them to participate in public affairs. The long-term policy of the Czech Government aimed at the integration of the Roma minority.

Alleged racially motivated crimes were carried out by skinheads and extremist movements, some of which had transnational connections, the delegation said. Although there was legislation against the existence of such groups, the law was not sufficiently implemented. Concerning the allegation that a police officer had participated in a demonstration organized by skinheads, the delegation said that they had no proof of that. The Ministry of Justice had registered in the year 2000 a total of 307 racially motivated crimes of which 148 cases had been treated by the courts and sentences had been enforced. In addition, the extremist movement -- the National Alliance -- had been banned by the Government, but it had lodged appeal before a court.

Asked if there were mechanisms through which compensation was awarded to victims of torture, the delegation said that there were a number of provisions and mechanisms through which victims of torture obtained compensation. About 208,000 former political prisoners of the former totalitarian regime had received financial compensation between 1991 and 2000.

With regard to the allegations of ill-treatment of persons arrested during the demonstration against the meetings of the International Monetary Fund (IMF) in Prague in September 2000, the delegation said that the authorities had acknowledged the excessive use of force in arresting some of the participants. The investigation concerning the arrests had not yet been completed by the Ministry of Interior. The Council for Human Rights was engaged in creating a mechanism to monitor detainees in all prison institutions.

The Human Rights Council had the mandate to propose legislative acts to be enacted by presenting a draft to the Government, the delegation said. It was, however, up to the Government to accept or refuse the proposals. So far, many of the propositions made by the Council had been taken into consideration. In addition the Office of the Ombudsman was already established and had started to function. Only Parliament could remove the Ombudsman. The Office of the Ombudsman was independent in its functions.

By the year 2000, the excess in the prison population had been reduced to 6 per cent, the delegation said. In the preceding year, it was 14 per cent. At present, the situation was improving and the number was falling.

The conditions in which foreigners were imprisoned was criticised by the Committee on the Prevention against Torture when it visited the prisons, the delegation said. At the time of the visit, the foreign prisoners were regrouped for the purpose of expulsion. Since then the situation had been improved by the creation of a centre for foreign detainees.

The conditions for conducting a visit to pre-trial detainees was also criticized by the Committee on the Prevention against Torture, the delegation said. The restriction was made in order to avoid any complicity and obstruction of justice through the visit of potential witnesses or persons involved with the case in question. The requirement to submit a written permission to visit the pre-trial detainees had been removed by the new law and pre-trial detainees could be visited without any pre-conditions.

Female prisoners were not always guarded by female guards, the delegation said. The reason was attributed to lack of sufficient female guards in the prison system. There was no accommodation for pregnant women in pre-trial detention centre.

Reacting to some of the responses provided by the delegation, an Expert said that the fact that the majority of children in the special schools were Roma showed that there was a certain policy of the Government to place them in those schools. The special schools were intended for mentally retarded children, which was not the case for Roma children.



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