The media reported on 7 January 2021 that the Government Commissioner for Human Rights, Prof. JUDr. Helena Válková, CSc. (hereafter referred to as the Commissioner), will end her term of office on 31 January 2022:
"I am proud of my work, I think that a lot has been achieved." (1) But not everything has been done. See some examples:
Compensation for protective supervision
On 11/1/2020, 6 men who were illegally sentenced to protective supervision under the previous regime approached the Commissioner to take steps to seek appropriate compensation for this unlawful harassment. (2)
The Commissioner took a sympathetic view of the proposal and on 26/3/2020 told Daily N: "It is our debt. ... I am glad that this debt will be repaid, at least I hope so. And I will certainly convince my colleagues in the Chamber of Deputies of that." (3)
However, when the Chamber of Deputies voted on this on 30 July 2021 on a motion by MP Jakub Michálek, the motion did not pass. Of the 123 deputies present, 47 voted in favour of compensation. (62 votes were needed to pass the motion.)
Although only a negligible number were against, the key point was that of the MPs present, the vast majority, including the proxy, abstained. (No record of any 'persuasion of colleagues in the Chamber' is traceable.)
Pension for secondary school pupils and apprentices excluded from schools and apprenticeships
On 4/2/2020, the Commissioner was approached by 2 rehabilitated secondary school students and 1 apprentice who were illegally excluded from school or apprenticeship under the previous regime. (5)
They pointed out that university students in a similar legal status were given double credit for their retirement, but that rehabilitated secondary school students and apprentices were not entitled to any such benefit, although their exclusion was even more severe than that of university students; they had already obtained at least a high school diploma. (6)
The Commissioner did not comment on the matter, but this motion (by the same deputy as in the case of protective supervision) was also debated in the Chamber of Deputies on 30 July 2021. In this case, too, almost no one was opposed (48 in favour), but the motion did not pass because the vast majority of Members, including the Commissioner, abstained. (7)
One-off compensation for expelled students
On 4 February 2020, the Commissioner was contacted by former students about the discrimination contained in Government Regulation No. 122/2009 on one-off compensation for students unjustifiably expelled from school.
The regulation was issued under Act No. 198/1993 Coll., which covers the entire period of the Communist regime (1948-1989). However, the Government granted compensation only to university students expelled before 31 December 1956. And the regulation does not remember at all about excluded high school students and apprentices. (5)
The matter was urged to the Commissioner on 27-3-2021 but no response was received.
Labour Law School
The Workers' Law School was set up on 1 December 1948 so that working-class, politically reliable cadres could be trained as judges and prosecutors within a year and decide on punishments (including throat punishments) for those who appeared to be enemies of the state.
On 30 January 2020, the Commissioner was advised that such prosecutors and judges did not have the necessary training required by the regulations of the time. Nevertheless, some of their sentences are still final. Already, such court staffing violated the defendants' right to a lawful judge. (8)
The request to take remedial steps remained unanswered despite 6 urgings sent by the victims to the Commissioner in this matter. (9)
Compensation for rehabilitated persons
On 22/05/2020, the Commissioner was informed that persons who were illegally imprisoned and later rehabilitated are currently being paid compensation for loss of earnings at the rate of CZK 83.33 per day of imprisonment (CZK 2,500 per month). Although the law authorizes the Government to carry out valorization, no Government has done so to date. Many rehabilitated persons thus consider the compensation awarded rather a mockery. (10)
The Commissioner has not yet responded.
Investigation into the death of Pavel Wonka
On 30 January 2020, Jiří Wonka (born 1950) informed the Commissioner that the Temporary Commission of the Presidium of the Czech National Council in its report of 15 May 1992 had not reached clear conclusions on the cause of death of his brother Pavel (1953-1988) in Hradec Králové Prison. The Commission recommended a re-commission in the new term of office. However, this has not yet happened.
The Commissioner replied on 14 February 2020 that this "requires discussion at a broader political level".
On 7.3.2020, Jiří Wonka then said that he was not asking the Commissioner to engage in any complex political negotiations, simply to ensure that the 15.5.1992 recommendation was properly, formally discussed by MPs and either established or rejected. (11)
The Commissioner made no further reply to this.
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Those concerned requested the Commissioner on 7/1/2022 to make efforts to rectify the above matters before leaving office. If she succeeds, she will be able to take even more pride in her work.
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- 1. 2022 zapsal: L. Müller
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Vládní zmocněnkyně pro lidská práva končí k 31. 1. 2022; na svou práci je hrdá
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