… President Václav Klaus seriously challenged the trust in democratic system of our country. With his declaration he is undermining its judicial system and the trust of citizens in justice, which is a foundation of democracy, thus he verifiably committed „...an action of president of the Republic headed towards sovereignty and integrity of the Republic as well as towards its democratic order.“ …
Sender:
Jan Šinágl
chairmen
SODALES SOLONIS o.s.
Nejedlých 335, 267 53 Žebrák
Recipient:
Milan Štěch
President of the Senate of the Czech Republic
118 01 Praha 1
data mail box: 44iaeqj
Call to the Senate of the Czech Republic to impeach president Václav Klaus
In Žebrák on January 7th 2013
Dear Mr. President of the Senate,
Regarding the partial pardon of the president of the Czech Republic Mr. Václav Klaus from January 2nd 2013 I have a reason to believe that by doing so he has committed a crime of High Treason as defined in §96 Act no. 182/1993 Coll., Constitutional Court Act, as amended.
High Treason is a sui generis crime, which can be committed only by the president of the Republic. It is also the only public legal offence, which can be committed by an incumbent president. Punishment is a removal from office and loss of ability to attain the office again. The Senate presses charges and the Constitutional Court proceeds. In English very similar process is called impeachment.
The process of impeachment is not described in the constitution, but in the Section 6 of the Constitutional Court Act. This Act also defines High Treason:
§ 96
High Treason for the purpose of this Act is defined as an action of president of the Republic headed towards sovereignty and integrity of the Republic as well as towards its democratic order.
No Czech president has ever been impeached. In April 2004 Senator Zdeněk Bárta (KDU-ČSL) came with the initiative to impeach Klaus for long term paralysis of the Constitutional Court. Klaus wasn’t nominating new judges to the Senate and the mandates of old judges of „Havel“ were expiring. Bárta’s initiative became quite when Klaus started acting; in June he nominated Ms. Ivana Janů, candidate of KDU-ČSL. She was 10th nominated and 9th successful.
President Václav Klaus seriously challenged the trust in democratic system of our country. With his declaration he is undermining its judicial system and the trust of citizens in justice, which is a foundation of democracy, thus he verifiably committed „...an action of president of the Republic headed towards sovereignty and integrity of the Republic as well as towards its democratic order.“
JUDr. Milan Hulík: "It is the first time since post-Bíla-Hora confiscations, when the stolen property remains to perpetrators and thieves, while those who were harmed, whose property was stolen, will never be able to pursue restitutions or at least compensation of some kind.“
Strasbourg Court in a groundbreaking case of JUDr. Milan Hulík criticized delays of Czech judicial system. Court emphasized that European court had criticized 4 yearlong deciding of Prague Municipal Court in a case of appeal in a civil restitution lawsuit. "However, this does not concern criminal proceedings. European Court for Human Rights ruled that criminal proceedings cannot be suspended due to any length of such proceedings.“
Also in this light president has used false information in order to justify the pardon granted to people, whose crimes should never be barred by the statute of limitations, same as war crimes. These crimes concern lives, fates and properties of a big amount of innocent people. Everyone has a right to due process of law, only criminal or mentally ill man can allow for crimes to be forgiven to criminals and let them keep huge property stolen from honest citizens and from the property of Czech Republic and with no punishment! His behavior and actions is insulting all honest and decent citizens of our country! He basically pardoned his criminal irresponsible politics which has allowed and tolerated huge and impunishable embezzlement.
Bohuslav Sobotka: „If Constitutional Court recognizes that the pardon has injured the rights of injured persons, a possibility will appear for these people to demand satisfaction from the government. Instead of criminals paying damages, the government will have to. “
That is why I appeal to you and all senators of the Czech Republic to press charges against Mr. Vaclav Klaus, president of Czech Republic, suspected of High Treason.
Unfortunately, the only possible punishment is a removal from office and loss of ability to attain the office again. The most important thing is to send a moral message to the citizens of this country, which is still being destroyed by corruption and crime of unprecedented proportions. You are perhaps the only institution in this country, which the citizens still trust. It will be very shameful for us all, if Vaclav Klaus can retain his power and his function until the end of his term. Over 90% of the population is ashamed of his behavior. Town halls, schools and kindergartens has started the premature mass „leaving“ of Vaclav Klaus. They have been removing his pictures from the walls of public rooms! Shame of the Czech Republic is growing every day worldwide. Your stand on this and the stand of your fellow senators will also be a statement of your responsibility to the voters.
I would like to remind you of the words of our Supreme Court Chief Justice JUDr. Iva Brožová, who pointed out that Prime Minister Necas couldn’t free himself of responsibility claiming the role of a „postman“. He bears responsibility for this pardon, which he enabled by his signature. With this he has lost his moral legitimacy. His staying in his office of Prime Minister is as shameful as staying of the president in his office!
I believe the Senate of the Czech Republic will be worthy of its reputation and will act as it is obliged by the Constitution, otherwise no one can guarantee that the citizens will not oblige the constitution, namely art. 23 of the Charter of Fundamental Rights and Basic Freedoms: „Citizens have the right to resist anybody who would do away with the democratic order of human rights and fundamental freedoms, established by this Charter, if the actions of constitutional bodies or the effective use of legal means have been frustrated.“
I wish to you and to the Senate, in my name and surely in the name of many Czech citizens, not to be ashamed of your actions and lives before yourselves, your children and before them, who you are to serve.
Yours sincerely
Jan Šinágl
chairmen
SODALES SOLONIS o.s.
Attention:
Prime Minister Petr Nečas, Speaker of the House of Representatives Miroslava Němcová, Minister of Justice Pavel Blažek, Minister of Interior Jan Kubice, Supreme Public Prosecutor Pavel Zeman, Chairman of Constitutional Court Pavel Rychetský, Czech and foreign news media and general public.
* * *
P.S.
About this proclamation Czech media still remains silent.
J.Š. January 12th 2013
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