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HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF THE CZECH REPUBLIC
17 July 2007
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Human Rights Committee
17 July 2007
The Human Rights Committee has considered the second periodic report of the Czech Republic on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Vít Schorm, Government Commissioner for Representation before the European Court for Human Rights at the Czech Ministry of Justice, introducing the report, noted that, since the submission of its second report, the Czech Government had ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Also, starting in 2001, an Ombudsman had been active in the Czech Republic, receiving some 6,000 complaints annually. The Ombudsman not only investigated complaints, but also launched investigations on its own initiative. Since its establishment, the Ombudsman office had proven highly effective and had been seen as having a beneficial effect by both the public and the authorities.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, whether the Czech Republic had been involved in any "extraordinary renditions", or if it was aware of such practices occurring in its territory, an issue that had been raised in the Council of Europe report on secret detentions; why the "dehumanising" practice of bed nets was still used for psychiatric patients, and whether the prohibition against cage beds had been implemented; and why the percentage of women in government bodies in the Czech Republic was below the world average, and what measures were planned to change that situation. Several Experts, concerned by reports of forced sterilizations, wondered if an impartial investigation had been carried out into that matter, whether any doctors had been prosecuted, and what was being done to prevent further coercive sterilizations.
Rafael Rivas Posada, Chairperson of the Committee, in preliminary concluding observations, said that one of the Committee's greatest concerns involved the Czech Republic's interpretation as to the scope and the nature of the Committee's Views on individual complaints brought under the Optional Protocol. Once the Committee had found violations in such cases, addressing those violations automatically fell under the State party's duties to fulfil the obligations and commitments it had agreed to. Other concerns often raised had included cases of discrimination, in particular against members of the Roma minority. It was not enough for the Government to adopt legislative measures to remedy those shortcomings, it was essential that it address them through concrete and practical measures to protect human rights, and ensured that perpetrators of violations were sanctioned.
The Committee reviewed the report of the Czech Republic over two meetings and it will issue its formal recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
The Czech Republic is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is one of the 109 States parties to the Optional Protocol to the Covenant, which provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any rights proclaimed in the Covenant. It is also one of the 60 States parties to the Second Optional Protocol, which aims at the abolition of the death penalty.
The Czech Republic delegation, which presented the report, also included members of the Czech Ministries of Interior; Justice; Labour and Social Affairs; Culture, Education; Youth and Sports; and Foreign Affairs; as well as representatives of the Office of the Government and of the Permanent Mission of the Czech Republic to the United Nations Office at Geneva.
When the Committee next reconvenes in public, at 10 a.m. on Thursday, 19 July, it is scheduled to discuss its revised general comment on article 14 of the Covenant.
Report of the Czech Republic
The second report of The Czech Republic (CCPR/C/CZE/2) says that the change in the Constitution of the Czech Republic in 2002 led to a review and clarification of the relationship between national and international law. Whereas up to May 2002 only “ratified and announced international treaties on human rights and basic freedoms” had precedence over national law and were directly binding, from June 2002 “announced international treaties, to whose ratification Parliament has given its consent and by which the Czech Republic is bound, form part of the legal code” and “if the international treaty specifies something different from the law the international treaty shall apply”. In addition to this, the Constitutional Court acquired the power to decide on a proposal to review the compliance of an international treaty with the constitutional order before it is ratified.
The possibility of limiting certain human rights in situations of general threat is twofold in the Czech Republic – in crisis military situations and in crisis non-military – civil –situations. In the monitored period of 2000-2004, there were no changes in the possibility of limiting certain human rights due to a crisis military situations, but restrictions had happened in civil crisis situations such as during the 2002 floods and the NATO Summit in 2002. Among these were the limitation of movement, the possibility of imposing work assistance and prohibition on access and residence in an evacuated territory.
Presentation of Report
VÍT SCHORM, Government Commissioner for Representation before the European Court for Human Rights at the Czech Ministry of Justice, introducing the report, noted that, in terms of the status of the Covenant in the Czech Republic, even before 2002, international human rights treaties took precedence over national law. But an amendment to the Constitution later expanded primacy to all international treaties approved by the Parliament. Furthermore, the powers of the Constitutional Court were reinforced, authorizing it to assess the compatibility of international treaties with the Czech Constitution prior to ratification.
Since the submission of its second report, the Czech Government had also ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Mr. Schorm noted.
Starting in 2001, an Ombudsman had been active in the Czech Republic, receiving some 6,000 complaints annually. The Ombudsman not only investigated complaints, but also launched investigations on its own initiative. Since its establishment, the Ombudsman's office had proven highly effective and had been seen as having a beneficial effect by both the public and the authorities.
Mr. Schorm said that the Government had elaborated a programme for improving public administration emphasizing openness, transparency, credibility and impartiality and the cultivation of an environment free of corruption. Also, basic civil and political rights were protected for everyone, regardless of whether they were ethnic minorities, foreign nationals, refugees, homeless persons or members of the majority population. Only certain rights were exclusively reserved to Czech citizens. However, the Government was paying a lot of attention to certain members of minorities who were still exposed to greater risks of discrimination in the light of complex historical and social contexts.
Mr. Schorm further noted that systematic attention was being paid to protection against torture and other cruel treatment or punishment and that the Government was also reporting to other bodies on those issues. Of particular concern were child abuse problems and a national plan to combat commercial sexual abuses of children had been drawn up. There were also plans to make the possession of child pornography a criminal offence. Victims of trafficking were offered psychosocial and health care, and were given support in their integration back into normal life.
The Czech Republic had ratified the European Charter for Regional or Minority Languages, which had entered into force this year. Thus, Slovak, Polish, German and Romani now had official status as minority languages. Mr. Schorm added that the Government was also running a grant scheme for activities towards improving the acquisition and dissemination of information in the languages of the national minorities.
The Czech Republic was increasingly becoming a new home for immigrants. That was a huge challenge because, since the nineteenth century, emigration from the country had traditionally prevailed over immigration to the Czech Republic, Mr. Schorm observed. One of the adjustments that had been made to deal with this new phenomenon had been the reduction in the minimal duration of stay in the country before one could apply for permanent residence – from 10 to 5 years. Several activities in partnership with the civil society had also been put into place to reinforce the understanding between different communities and to eliminate potential xenophobia.
Turning to deprivation of liberty issues, Mr. Schorm noted a positive trend in the steady decline in the number of remand and sentenced prisoners since 2000. The Government had exerted every effort to ensure that persons deprived of their liberty enjoyed dignified conditions. A major step forward had been the halting of the use of cage beds at healthcare facilities. Means of restraint could only be used as a last resort, and the Government was making sure that their use was gradually reduced.
In the context of the increasing use of information technology, Mr. Schorm also said his Government believed that it was important to protect the right of the individual to privacy. The recently amended Healthcare Act gave the right to patients to view their health records and to make copies of them.
On racist crimes, statistics showed that the rate was relatively stable and even indicated a downward trend, Mr. Schorm noted. Representation of minorities in specific professions, such as the police, was encouraged by a publicity campaign targeting all members of minorities who met the conditions for recruitment. The Government had also adopted measures to ensure independent inspection of the police force, removing the police inspectorate from the competence of the Ministry of Interior. Numerous training programmes on human rights had also been organized for police units, the army, and those involved in educational, judiciary and social work.
In outlining plans for the future, Mr. Schorm said that the Government’s policy was based on its international commitments. One of the steps taken had been the delegation of matters related to human rights and minority rights directly to a Government member to guarantee that those aspects would be taken into account in all governmental talks.
In conclusion, Mr. Schorm said that the promotion of human rights was a complicated task with constant new challenges but he was convinced that the Czech Republic had successfully addressed numerous obstacles and was determined to resolve those that remained.
Framework Within Which the Covenant Is Implemented
Responding to the Committee's written list of issues, the delegation said, with regard to the actions to give effect to the Committee’s Views, the Committee had already been informed about those in earlier communications. In any case, the Committee’s findings on those issues were not of legal nature. On the principles of restitution of land, land had been given to nationals after the fall of the communist regime. Although the European Court had criticized the Czech Republic on the issue, the delegation underscored that the question of restitution was extremely complicated. Some cases were still before court as well as before the European Court on Human Rights.
As to progress on judicial reform, the delegation said that that issue was still under review and that it was a long-term project. Areas of reform to strengthen the judiciary already taken had included relieving judges of their administrative burden, as well as a modernization involving the introduction of electronic devices for recording and storage of files. The use of e-payment for the acceleration of cases was also planned for 2008. Some $200 million had been invested in the judicial system reforms.
Counter-Terrorism Measures
On the compatibility with the Covenant of existing or proposed counter-terrorism laws, the Czech Republic was actively involved in the global fight against terrorism and as such was a party to all international anti-terrorism conventions and protocols. The law currently enabled the prosecution of the full scope of terrorist activities. An act of terrorism was seen not only as the act itself, but also extended to the logistical support for and financing of terrorist activities. Czech law also regulated the protection and assistance to victims of terrorism. The delegation underscored that the Czech Government did not have any special law on terrorism and that it did not plan to adopt such a law.
Gender Equality; Non-Discrimination
As to the measures taken to improve the representation of women in senior government positions, the delegation said that the Government had adopted a national plan for the promotion of equality among the sexes. It was the electorate that needed to be educated rather than the political parties. Another measure had also been implemented in that respect.
Concerning reported cases of women subjected to coercive sterilization without their consent, the delegation said that generally speaking the problem was of a medical nature and that it was by no means racially or ethnically conditioned. The core of the problem lay in the insensitive approach of doctors and the method used by them to obtain the informed consent of the patient. That situation was in the process of being changed by the Ministry of Health, which was preparing a bill on the issue.
Prohibition of Torture; Liberty and Security of a Person; Right to a Fair Trial; Treatment of Prisoners; Expulsion of Aliens
On the criminalization of domestic violence, the delegation noted that there had been a shift in the legal protection against domestic violence with the entry into force in the criminal code of the issue of cruelty towards a person living in a shared dwelling. Another new act also gave new powers to police officers to order a violent person out of a shared dwelling for a period of 10 days. There had been a lot of concern as to whether the police would be able to implement this new law, but since the beginning it had been shown to be a strong tool against violent persons, with 253 persons ordered out of shared homes in three months.
On the status of the amendment whereby a police officer must inform detained persons of their rights, including the right to submit a written communication to a State authority, the delegation said that the new regulation had been drafted and had been strongly influenced by the Czech Ombudsman and the Czech Human Rights Council. When implemented, a text would be given to all detainees in police cells, describing how someone could lodge a complaint. This document would be available in several languages and in all police stations. The delegation noted that the new powers of the Ombudsman, which gave him the possibility of systematic visits, had been at the base of this regulation.
On the status of the implementation of the new amendment on detention facilities for foreigners, the delegation said that it had been a major shift as it had moved the responsibility of the detainment of foreigners from the police to the Ministry of Interior. Detention of foreign nationals happened if the person was being aggressive or required special surveillance or if they had seriously violated the facility’s internal rules or seriously breached an obligation or prohibition. Detention could last as long as needed but not more than 30 days.
On the issue of the abolishment of the use of cage beds and net beds in psychiatric hospitals, the delegation said that there had been a debate on the professional level on that issue. That had resulted in the decision to stop the use of cage beds. Net beds were still used as a last resort for disoriented patients, as it was safer for them, but their use was gradually being reduced. Public defenders were also monitoring the situation and the Ombudsman had the right to make surprise visits to institutions.
Elimination of Slavery and Servitude
On the new act regulating prostitution, the delegation noted that it had not entered into effect, as the draft submitted to the Chamber of Deputies had been rejected. Further steps were not planned yet.
On measures taken to combat sexual abuse of children, the Government had been giving increased attention to those problems. All victims were eligible for receiving health and psychological support, and investigation methods in such cases had been reformed to take the victims needs into consideration, for example, by conducting a single interview of the victims so as not to increase their trauma. Furthermore, the delegation said efforts were being made to mobilize and raise awareness of society on this issue so that such claims could be made sooner.
On measures aimed at defending the rights of victims of human trafficking, a victims support programme had been put in place in cooperation with the police, the Ministry of Interior and non-governmental organizations. Through that programme, financed by State and European Union funds, victims benefited from shelters and health and psychological care. Further steps had been taken to advertise that programme. The delegation said that they were still in the middle of the fight against human trafficking, but the Government was convinced that all tools for its success were in place.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics. An Expert asked, in light of the Council of Europe report on secret detentions, which had suggested that Prague airport might have been used to transport individuals to such destinations, whether the Czech Republic had been involved in any "extraordinary renditions", or if it was aware of such practices occurring in its territory. If it was, how was it dealing with them and if there had been a difference between the handling of military flights from a third State and civilian planes?
One Expert, commenting on the use of net beds, cited a major psychiatrist who had stated that there was no difference between cage beds and net beds and that the effects of such beds was to dehumanize patients and that they had no place in modern therapeutics. In that context, why did the Czech Republic persist in that practice? Also, concerning the involuntary detention of patients showing signs of mental illness, where did the burden of proof lie in such cases?
An Expert also wondered why the percentage of women in government bodies in the Czech Republic was below the world average, and what measures were planned to change that situation; and whether there was a discussion going on with the political parties to motivate women’s participation. Also, why was there a big difference in the number of coerced sterilizations cited in the Ombudsman's report and those reported by the Health Ministry? Had an impartial investigation had been carried out into that matter, had any doctors been prosecuted, and what was being done to prevent further coercive sterilizations?
Two Experts vigorously commented on the remarks the delegation had made about the non-legal nature of the Views of the Committee. They stressed that the Covenant was of binding nature, and that the conclusions of the Committee had to be taken seriously. While the findings of the Committee were not formal legal decisions, the process of review of communications presented by individuals and their examination was a juridical process and differed little from procedures undertaken by national courts. The result was not a judgment, but a finding from which the Committee had drawn its conclusion on whether or not the State Party was respecting the Covenant. Thus a finding was as strong as a judgement.
Further questions were also asked about the procedure for the appointment of judges in the highest court and who was responsible for their nominations; what was the final court of appeals; and how long it took to process cases.
An Expert commented on the Government's unwillingness to restore people to their prior land, because they had fled a past regime, and said it was contradictory to the Covenant.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, said, with regard to the observations concerning the Committee's views on individual complaints raised under the Optional Protocol, a textual analysis of the Protocol could not yield a satisfactory conclusion as to the primacy of the Protocol over domestic law. Furthermore, the Government had enacted legislation to give more effect to the findings of the Committee, but they were limited to be taken into account as decisions of an international court and would be only applicable to civil cases.
On the process of restitution of property, the process had been addressed, the delegation said, but that it was not a legal obligation of the State. Also, there had been space for a discussion about the discriminatory nature of the decisions.
With respect to domestic violence, the delegation mentioned that there were intervention centres in all regions of the Republic, which received information from the police of all cases of domestic violence. The centres provided psychological help and advice to victims. Child witnesses of domestic violence were offered the same possibilities of care.
On human trafficking, as the draft prostitution act had not been adopted, there was currently no specific legislation on prostitution. Foreign victims of trafficking benefited from all the social services provided by the Government, and return to their home country could be financed and organized, in collaboration with the International Organization of Migration. The delegation said that child prostitution and trafficking were rather rare; one single case had been brought before court.
On the handling by police of a detained person showing aggressiveness, the delegation said that it was not the attitude that was taken into account but the real physical aggressiveness. Those persons could be subject to restraints a maximum of two hours or until they became less aggressive.
On the difference of cage and net beds, the delegation said that cage beds were forbidden and net beds had been widespread until a few years ago but their use was lessening and the Government was encouraging the continuous lessening of their use. The Human Rights Ministry was also addressing the protection of rights of people in psychiatric institutions. Further, a current debate was encouraging a reduction in the use of restraints in psychiatric institutions.
On the question of criminal proceedings in sterilization cases, the delegation said that the Ombudsman had started investigations in several cases but that the police had not found any conclusive evidence and thus the cases had been postponed. Coercive sterilization had always been forbidden, and that procedure had always been subjected to specific regulations. Doctors were given courses in sterilization and human rights.
On the fight against terrorism and the involvement of the Czech Republic in the transport of high-level detainees, the Government had launched its own inquiry in the matters raised by the Council of Europe. Quoting the official letter sent by the Czech Government in answer to the Council of Europe, the delegation said that the Government had had no knowledge of any facts and that no public official or other official had been involved in such practices. The Government thus had no information that any such activity had happened on its territory. The Council of Europe had deemed that answer as satisfactory and no further clarifications had been sought. Also, in the second report of Senator Dick Marty on this issue there had not been any further allegations concerning the Czech Republic.
Further Comments by Experts
On the alleged use of Prague Airport for the transport of high-level detainees, an Expert took note of the Government's statement that it had no knowledge of such activities, but stressed that different independent bodies had stated otherwise. A member of the International Relations Institute in Prague had said that the Czech secret services had precise knowledge of the types of flights that had been conducted, and the existence of such allegations meant that the Government was responsible for more than a passive act of knowledge – it should put in place an investigation system at the Prague International Airport.
On the cage and net beds, an Expert said that he had information that beds continued to be used in several institutions, although they were forbidden. Also, the Government should have a commitment towards abolition of net beds and not only support a reduction in their use.
Further Responses by the Delegation to Written Questions
Non-Discrimination and Protection of Minorities; Rights of the Child
On the current status of the anti-discrimination law, the delegation said that the bill had been approved last month, and would now be further discussed by the Parliament later this year. The bill would prohibit discrimination on several grounds and would also allow for affirmative action measures to be taken to support minorities and women in various aspects of life. There would also be an institution providing legal assistance to victims of discrimination.
Regarding the strategy for police work with minorities, the delegation said that it included liaison officers for minorities to regional police authorities. It also included a publicity campaign focused on recruitment of members of minority groups in the police force.
With regard to the measures taken to combat discrimination against the Roma, the Government was aware of the situation and a Council for Roma Affairs had been established. The Government was conducting several programmes in housing, health care, education and employment. An agency to help socially excluded Romas was also planned to start work in 2008. Commenting on the disparities between statistics on the number of Roma living in the Czech Republic provided by official sources and those provided by civil society groups, the delegation said that information about the national origin was considered sensitive data and that gathering such information was restricted by the personal data protection act.
As to the steps that had been taken to promote equality of non-citizens and citizens, the delegation noted that it was providing financial resources to provide rental housing to persons that were granted refugee status.
Further Oral Questions Posed by Experts
In further comments and questions, an Expert asked what prosecutions had resulted from complaints of abuses by the police; was is true that there was a visible antipathy inside police forces against the Roma; and whether the ability to speak Czech was a requirement to for obtaining citizenship.
An Expert also wondered what plans there were for human rights education; and to what extent the governmental Human Rights Council had been involved in the current report.
The delegation said it would answer these questions in writing before Friday, 20 July.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, Chairperson of the Committee, in preliminary concluding observations, said that one of the Committee's greatest concerns involved the Czech Republic's interpretation as to the scope and the nature of the Committee's Views on cases under the Optional Protocol. The Committee's mandate was to present its findings in cases brought before by individuals under that Protocol. Once the Committee had found violations, addressing those violations automatically fell under the State party's duties to fulfil the obligations and commitments it had agreed to. Anything found running counter to a State's human rights obligations had to be remedied by the adoption of legal measures.
Further issues of concern that had often been raised by Experts included cases of discrimination, in particular against members of the Roma minority. It was not enough for the Government to adopt legislative measures to remedy those shortcomings, Mr. Rivas Posada stressed, it was essential that it address them through concrete and practical measures to protect human rights, and that it ensured that perpetrators of violations were sanctioned.
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For use of the information media; not an official record
17 July 2007
The Human Rights Committee has considered the second periodic report of the Czech Republic on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Vít Schorm, Government Commissioner for Representation before the European Court for Human Rights at the Czech Ministry of Justice, introducing the report, noted that, since the submission of its second report, the Czech Government had ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Also, starting in 2001, an Ombudsman had been active in the Czech Republic, receiving some 6,000 complaints annually. The Ombudsman not only investigated complaints, but also launched investigations on its own initiative. Since its establishment, the Ombudsman office had proven highly effective and had been seen as having a beneficial effect by both the public and the authorities.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, whether the Czech Republic had been involved in any "extraordinary renditions", or if it was aware of such practices occurring in its territory, an issue that had been raised in the Council of Europe report on secret detentions; why the "dehumanising" practice of bed nets was still used for psychiatric patients, and whether the prohibition against cage beds had been implemented; and why the percentage of women in government bodies in the Czech Republic was below the world average, and what measures were planned to change that situation. Several Experts, concerned by reports of forced sterilizations, wondered if an impartial investigation had been carried out into that matter, whether any doctors had been prosecuted, and what was being done to prevent further coercive sterilizations.
Rafael Rivas Posada, Chairperson of the Committee, in preliminary concluding observations, said that one of the Committee's greatest concerns involved the Czech Republic's interpretation as to the scope and the nature of the Committee's Views on individual complaints brought under the Optional Protocol. Once the Committee had found violations in such cases, addressing those violations automatically fell under the State party's duties to fulfil the obligations and commitments it had agreed to. Other concerns often raised had included cases of discrimination, in particular against members of the Roma minority. It was not enough for the Government to adopt legislative measures to remedy those shortcomings, it was essential that it address them through concrete and practical measures to protect human rights, and ensured that perpetrators of violations were sanctioned.
The Committee reviewed the report of the Czech Republic over two meetings and it will issue its formal recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
The Czech Republic is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is one of the 109 States parties to the Optional Protocol to the Covenant, which provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any rights proclaimed in the Covenant. It is also one of the 60 States parties to the Second Optional Protocol, which aims at the abolition of the death penalty.
The Czech Republic delegation, which presented the report, also included members of the Czech Ministries of Interior; Justice; Labour and Social Affairs; Culture, Education; Youth and Sports; and Foreign Affairs; as well as representatives of the Office of the Government and of the Permanent Mission of the Czech Republic to the United Nations Office at Geneva.
When the Committee next reconvenes in public, at 10 a.m. on Thursday, 19 July, it is scheduled to discuss its revised general comment on article 14 of the Covenant.
Report of the Czech Republic
The second report of The Czech Republic (CCPR/C/CZE/2) says that the change in the Constitution of the Czech Republic in 2002 led to a review and clarification of the relationship between national and international law. Whereas up to May 2002 only “ratified and announced international treaties on human rights and basic freedoms” had precedence over national law and were directly binding, from June 2002 “announced international treaties, to whose ratification Parliament has given its consent and by which the Czech Republic is bound, form part of the legal code” and “if the international treaty specifies something different from the law the international treaty shall apply”. In addition to this, the Constitutional Court acquired the power to decide on a proposal to review the compliance of an international treaty with the constitutional order before it is ratified.
The possibility of limiting certain human rights in situations of general threat is twofold in the Czech Republic – in crisis military situations and in crisis non-military – civil –situations. In the monitored period of 2000-2004, there were no changes in the possibility of limiting certain human rights due to a crisis military situations, but restrictions had happened in civil crisis situations such as during the 2002 floods and the NATO Summit in 2002. Among these were the limitation of movement, the possibility of imposing work assistance and prohibition on access and residence in an evacuated territory.
Presentation of Report
VÍT SCHORM, Government Commissioner for Representation before the European Court for Human Rights at the Czech Ministry of Justice, introducing the report, noted that, in terms of the status of the Covenant in the Czech Republic, even before 2002, international human rights treaties took precedence over national law. But an amendment to the Constitution later expanded primacy to all international treaties approved by the Parliament. Furthermore, the powers of the Constitutional Court were reinforced, authorizing it to assess the compatibility of international treaties with the Czech Constitution prior to ratification.
Since the submission of its second report, the Czech Government had also ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Mr. Schorm noted.
Starting in 2001, an Ombudsman had been active in the Czech Republic, receiving some 6,000 complaints annually. The Ombudsman not only investigated complaints, but also launched investigations on its own initiative. Since its establishment, the Ombudsman's office had proven highly effective and had been seen as having a beneficial effect by both the public and the authorities.
Mr. Schorm said that the Government had elaborated a programme for improving public administration emphasizing openness, transparency, credibility and impartiality and the cultivation of an environment free of corruption. Also, basic civil and political rights were protected for everyone, regardless of whether they were ethnic minorities, foreign nationals, refugees, homeless persons or members of the majority population. Only certain rights were exclusively reserved to Czech citizens. However, the Government was paying a lot of attention to certain members of minorities who were still exposed to greater risks of discrimination in the light of complex historical and social contexts.
Mr. Schorm further noted that systematic attention was being paid to protection against torture and other cruel treatment or punishment and that the Government was also reporting to other bodies on those issues. Of particular concern were child abuse problems and a national plan to combat commercial sexual abuses of children had been drawn up. There were also plans to make the possession of child pornography a criminal offence. Victims of trafficking were offered psychosocial and health care, and were given support in their integration back into normal life.
The Czech Republic had ratified the European Charter for Regional or Minority Languages, which had entered into force this year. Thus, Slovak, Polish, German and Romani now had official status as minority languages. Mr. Schorm added that the Government was also running a grant scheme for activities towards improving the acquisition and dissemination of information in the languages of the national minorities.
The Czech Republic was increasingly becoming a new home for immigrants. That was a huge challenge because, since the nineteenth century, emigration from the country had traditionally prevailed over immigration to the Czech Republic, Mr. Schorm observed. One of the adjustments that had been made to deal with this new phenomenon had been the reduction in the minimal duration of stay in the country before one could apply for permanent residence – from 10 to 5 years. Several activities in partnership with the civil society had also been put into place to reinforce the understanding between different communities and to eliminate potential xenophobia.
Turning to deprivation of liberty issues, Mr. Schorm noted a positive trend in the steady decline in the number of remand and sentenced prisoners since 2000. The Government had exerted every effort to ensure that persons deprived of their liberty enjoyed dignified conditions. A major step forward had been the halting of the use of cage beds at healthcare facilities. Means of restraint could only be used as a last resort, and the Government was making sure that their use was gradually reduced.
In the context of the increasing use of information technology, Mr. Schorm also said his Government believed that it was important to protect the right of the individual to privacy. The recently amended Healthcare Act gave the right to patients to view their health records and to make copies of them.
On racist crimes, statistics showed that the rate was relatively stable and even indicated a downward trend, Mr. Schorm noted. Representation of minorities in specific professions, such as the police, was encouraged by a publicity campaign targeting all members of minorities who met the conditions for recruitment. The Government had also adopted measures to ensure independent inspection of the police force, removing the police inspectorate from the competence of the Ministry of Interior. Numerous training programmes on human rights had also been organized for police units, the army, and those involved in educational, judiciary and social work.
In outlining plans for the future, Mr. Schorm said that the Government’s policy was based on its international commitments. One of the steps taken had been the delegation of matters related to human rights and minority rights directly to a Government member to guarantee that those aspects would be taken into account in all governmental talks.
In conclusion, Mr. Schorm said that the promotion of human rights was a complicated task with constant new challenges but he was convinced that the Czech Republic had successfully addressed numerous obstacles and was determined to resolve those that remained.
Framework Within Which the Covenant Is Implemented
Responding to the Committee's written list of issues, the delegation said, with regard to the actions to give effect to the Committee’s Views, the Committee had already been informed about those in earlier communications. In any case, the Committee’s findings on those issues were not of legal nature. On the principles of restitution of land, land had been given to nationals after the fall of the communist regime. Although the European Court had criticized the Czech Republic on the issue, the delegation underscored that the question of restitution was extremely complicated. Some cases were still before court as well as before the European Court on Human Rights.
As to progress on judicial reform, the delegation said that that issue was still under review and that it was a long-term project. Areas of reform to strengthen the judiciary already taken had included relieving judges of their administrative burden, as well as a modernization involving the introduction of electronic devices for recording and storage of files. The use of e-payment for the acceleration of cases was also planned for 2008. Some $200 million had been invested in the judicial system reforms.
Counter-Terrorism Measures
On the compatibility with the Covenant of existing or proposed counter-terrorism laws, the Czech Republic was actively involved in the global fight against terrorism and as such was a party to all international anti-terrorism conventions and protocols. The law currently enabled the prosecution of the full scope of terrorist activities. An act of terrorism was seen not only as the act itself, but also extended to the logistical support for and financing of terrorist activities. Czech law also regulated the protection and assistance to victims of terrorism. The delegation underscored that the Czech Government did not have any special law on terrorism and that it did not plan to adopt such a law.
Gender Equality; Non-Discrimination
As to the measures taken to improve the representation of women in senior government positions, the delegation said that the Government had adopted a national plan for the promotion of equality among the sexes. It was the electorate that needed to be educated rather than the political parties. Another measure had also been implemented in that respect.
Concerning reported cases of women subjected to coercive sterilization without their consent, the delegation said that generally speaking the problem was of a medical nature and that it was by no means racially or ethnically conditioned. The core of the problem lay in the insensitive approach of doctors and the method used by them to obtain the informed consent of the patient. That situation was in the process of being changed by the Ministry of Health, which was preparing a bill on the issue.
Prohibition of Torture; Liberty and Security of a Person; Right to a Fair Trial; Treatment of Prisoners; Expulsion of Aliens
On the criminalization of domestic violence, the delegation noted that there had been a shift in the legal protection against domestic violence with the entry into force in the criminal code of the issue of cruelty towards a person living in a shared dwelling. Another new act also gave new powers to police officers to order a violent person out of a shared dwelling for a period of 10 days. There had been a lot of concern as to whether the police would be able to implement this new law, but since the beginning it had been shown to be a strong tool against violent persons, with 253 persons ordered out of shared homes in three months.
On the status of the amendment whereby a police officer must inform detained persons of their rights, including the right to submit a written communication to a State authority, the delegation said that the new regulation had been drafted and had been strongly influenced by the Czech Ombudsman and the Czech Human Rights Council. When implemented, a text would be given to all detainees in police cells, describing how someone could lodge a complaint. This document would be available in several languages and in all police stations. The delegation noted that the new powers of the Ombudsman, which gave him the possibility of systematic visits, had been at the base of this regulation.
On the status of the implementation of the new amendment on detention facilities for foreigners, the delegation said that it had been a major shift as it had moved the responsibility of the detainment of foreigners from the police to the Ministry of Interior. Detention of foreign nationals happened if the person was being aggressive or required special surveillance or if they had seriously violated the facility’s internal rules or seriously breached an obligation or prohibition. Detention could last as long as needed but not more than 30 days.
On the issue of the abolishment of the use of cage beds and net beds in psychiatric hospitals, the delegation said that there had been a debate on the professional level on that issue. That had resulted in the decision to stop the use of cage beds. Net beds were still used as a last resort for disoriented patients, as it was safer for them, but their use was gradually being reduced. Public defenders were also monitoring the situation and the Ombudsman had the right to make surprise visits to institutions.
Elimination of Slavery and Servitude
On the new act regulating prostitution, the delegation noted that it had not entered into effect, as the draft submitted to the Chamber of Deputies had been rejected. Further steps were not planned yet.
On measures taken to combat sexual abuse of children, the Government had been giving increased attention to those problems. All victims were eligible for receiving health and psychological support, and investigation methods in such cases had been reformed to take the victims needs into consideration, for example, by conducting a single interview of the victims so as not to increase their trauma. Furthermore, the delegation said efforts were being made to mobilize and raise awareness of society on this issue so that such claims could be made sooner.
On measures aimed at defending the rights of victims of human trafficking, a victims support programme had been put in place in cooperation with the police, the Ministry of Interior and non-governmental organizations. Through that programme, financed by State and European Union funds, victims benefited from shelters and health and psychological care. Further steps had been taken to advertise that programme. The delegation said that they were still in the middle of the fight against human trafficking, but the Government was convinced that all tools for its success were in place.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics. An Expert asked, in light of the Council of Europe report on secret detentions, which had suggested that Prague airport might have been used to transport individuals to such destinations, whether the Czech Republic had been involved in any "extraordinary renditions", or if it was aware of such practices occurring in its territory. If it was, how was it dealing with them and if there had been a difference between the handling of military flights from a third State and civilian planes?
One Expert, commenting on the use of net beds, cited a major psychiatrist who had stated that there was no difference between cage beds and net beds and that the effects of such beds was to dehumanize patients and that they had no place in modern therapeutics. In that context, why did the Czech Republic persist in that practice? Also, concerning the involuntary detention of patients showing signs of mental illness, where did the burden of proof lie in such cases?
An Expert also wondered why the percentage of women in government bodies in the Czech Republic was below the world average, and what measures were planned to change that situation; and whether there was a discussion going on with the political parties to motivate women’s participation. Also, why was there a big difference in the number of coerced sterilizations cited in the Ombudsman's report and those reported by the Health Ministry? Had an impartial investigation had been carried out into that matter, had any doctors been prosecuted, and what was being done to prevent further coercive sterilizations?
Two Experts vigorously commented on the remarks the delegation had made about the non-legal nature of the Views of the Committee. They stressed that the Covenant was of binding nature, and that the conclusions of the Committee had to be taken seriously. While the findings of the Committee were not formal legal decisions, the process of review of communications presented by individuals and their examination was a juridical process and differed little from procedures undertaken by national courts. The result was not a judgment, but a finding from which the Committee had drawn its conclusion on whether or not the State Party was respecting the Covenant. Thus a finding was as strong as a judgement.
Further questions were also asked about the procedure for the appointment of judges in the highest court and who was responsible for their nominations; what was the final court of appeals; and how long it took to process cases.
An Expert commented on the Government's unwillingness to restore people to their prior land, because they had fled a past regime, and said it was contradictory to the Covenant.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, said, with regard to the observations concerning the Committee's views on individual complaints raised under the Optional Protocol, a textual analysis of the Protocol could not yield a satisfactory conclusion as to the primacy of the Protocol over domestic law. Furthermore, the Government had enacted legislation to give more effect to the findings of the Committee, but they were limited to be taken into account as decisions of an international court and would be only applicable to civil cases.
On the process of restitution of property, the process had been addressed, the delegation said, but that it was not a legal obligation of the State. Also, there had been space for a discussion about the discriminatory nature of the decisions.
With respect to domestic violence, the delegation mentioned that there were intervention centres in all regions of the Republic, which received information from the police of all cases of domestic violence. The centres provided psychological help and advice to victims. Child witnesses of domestic violence were offered the same possibilities of care.
On human trafficking, as the draft prostitution act had not been adopted, there was currently no specific legislation on prostitution. Foreign victims of trafficking benefited from all the social services provided by the Government, and return to their home country could be financed and organized, in collaboration with the International Organization of Migration. The delegation said that child prostitution and trafficking were rather rare; one single case had been brought before court.
On the handling by police of a detained person showing aggressiveness, the delegation said that it was not the attitude that was taken into account but the real physical aggressiveness. Those persons could be subject to restraints a maximum of two hours or until they became less aggressive.
On the difference of cage and net beds, the delegation said that cage beds were forbidden and net beds had been widespread until a few years ago but their use was lessening and the Government was encouraging the continuous lessening of their use. The Human Rights Ministry was also addressing the protection of rights of people in psychiatric institutions. Further, a current debate was encouraging a reduction in the use of restraints in psychiatric institutions.
On the question of criminal proceedings in sterilization cases, the delegation said that the Ombudsman had started investigations in several cases but that the police had not found any conclusive evidence and thus the cases had been postponed. Coercive sterilization had always been forbidden, and that procedure had always been subjected to specific regulations. Doctors were given courses in sterilization and human rights.
On the fight against terrorism and the involvement of the Czech Republic in the transport of high-level detainees, the Government had launched its own inquiry in the matters raised by the Council of Europe. Quoting the official letter sent by the Czech Government in answer to the Council of Europe, the delegation said that the Government had had no knowledge of any facts and that no public official or other official had been involved in such practices. The Government thus had no information that any such activity had happened on its territory. The Council of Europe had deemed that answer as satisfactory and no further clarifications had been sought. Also, in the second report of Senator Dick Marty on this issue there had not been any further allegations concerning the Czech Republic.
Further Comments by Experts
On the alleged use of Prague Airport for the transport of high-level detainees, an Expert took note of the Government's statement that it had no knowledge of such activities, but stressed that different independent bodies had stated otherwise. A member of the International Relations Institute in Prague had said that the Czech secret services had precise knowledge of the types of flights that had been conducted, and the existence of such allegations meant that the Government was responsible for more than a passive act of knowledge – it should put in place an investigation system at the Prague International Airport.
On the cage and net beds, an Expert said that he had information that beds continued to be used in several institutions, although they were forbidden. Also, the Government should have a commitment towards abolition of net beds and not only support a reduction in their use.
Further Responses by the Delegation to Written Questions
Non-Discrimination and Protection of Minorities; Rights of the Child
On the current status of the anti-discrimination law, the delegation said that the bill had been approved last month, and would now be further discussed by the Parliament later this year. The bill would prohibit discrimination on several grounds and would also allow for affirmative action measures to be taken to support minorities and women in various aspects of life. There would also be an institution providing legal assistance to victims of discrimination.
Regarding the strategy for police work with minorities, the delegation said that it included liaison officers for minorities to regional police authorities. It also included a publicity campaign focused on recruitment of members of minority groups in the police force.
With regard to the measures taken to combat discrimination against the Roma, the Government was aware of the situation and a Council for Roma Affairs had been established. The Government was conducting several programmes in housing, health care, education and employment. An agency to help socially excluded Romas was also planned to start work in 2008. Commenting on the disparities between statistics on the number of Roma living in the Czech Republic provided by official sources and those provided by civil society groups, the delegation said that information about the national origin was considered sensitive data and that gathering such information was restricted by the personal data protection act.
As to the steps that had been taken to promote equality of non-citizens and citizens, the delegation noted that it was providing financial resources to provide rental housing to persons that were granted refugee status.
Further Oral Questions Posed by Experts
In further comments and questions, an Expert asked what prosecutions had resulted from complaints of abuses by the police; was is true that there was a visible antipathy inside police forces against the Roma; and whether the ability to speak Czech was a requirement to for obtaining citizenship.
An Expert also wondered what plans there were for human rights education; and to what extent the governmental Human Rights Council had been involved in the current report.
The delegation said it would answer these questions in writing before Friday, 20 July.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, Chairperson of the Committee, in preliminary concluding observations, said that one of the Committee's greatest concerns involved the Czech Republic's interpretation as to the scope and the nature of the Committee's Views on cases under the Optional Protocol. The Committee's mandate was to present its findings in cases brought before by individuals under that Protocol. Once the Committee had found violations, addressing those violations automatically fell under the State party's duties to fulfil the obligations and commitments it had agreed to. Anything found running counter to a State's human rights obligations had to be remedied by the adoption of legal measures.
Further issues of concern that had often been raised by Experts included cases of discrimination, in particular against members of the Roma minority. It was not enough for the Government to adopt legislative measures to remedy those shortcomings, Mr. Rivas Posada stressed, it was essential that it address them through concrete and practical measures to protect human rights, and that it ensured that perpetrators of violations were sanctioned.
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