ECHR Finds Violations of Human Rights Convention in Czech Republic; Stricter Implementation Urged

The European Court of Human Rights (ECHR) has identified violations of the Convention on Human Rights in four separate cases against the Czech Republic last year. The violations included the excessive use of force by the police, inadequate compensation for expropriation, and the legality of extradition detention. The findings were revealed in a report submitted by Petr Konupka, the government commissioner representing the Czech Republic at the ECHR, during a cabinet discussion.

According to the report, the ECHR ruled on a total of 29 complaints against the Czech Republic last year, marking a significant increase compared to previous years. In the preceding five-year period, the court had averaged only ten rulings per year. Out of the 29 cases, violations were found in four, while the Convention was deemed not to be violated in the remaining 25 Czech cases.

The complainants sought a total compensation of CZK 337.3 million, but the ECHR awarded them a mere CZK 1.4 million. Consequently, the defense of the state by the Office of the Government Commissioner saved the state budget approximately CZK 336 million. However, the report highlights the need for stronger implementation of the court’s decisions, as the subsequent execution of verdicts poses the biggest challenge for the Czech Republic.

In addition to the cases resolved last year, the ECHR has referred two more cases, which are yet to be definitively concluded, to the Grand Chamber of the court. These cases concern debt collector Jan Grosam and the company FU Quan, focusing on disciplinary proceedings with debt collection officers and property seizure for criminal purposes, respectively.

The Czech Republic has also received 19 new cases for comment from the ECHR, including a range of issues such as police action against a mentally ill individual, investigations into sexual abuse by a priest, and the copying of electronic data during a lawyer’s office search. Notably, the country is among more than 30 states being sued for climate action and faces a complaint related to the reduction of judges’ salaries between 2011 and 2014.

Commissioner Konupka emphasized the importance of the responsible authorities dedicating increased attention and efforts to address key issues, including equal access to primary education for Roma pupils, elimination of sterilization as a requirement for legal recognition of gender reassignment, prohibition of corporal punishment of children, and ensuring gender pay equality.

While the ECHR cannot impose financial sanctions on the Czech Republic, the Committee of Ministers of the Council of Europe oversees the implementation of its verdicts. In severe cases, if the state fails to comply, the Committee of Ministers may return the case to the court, indicating the gravity of the situation.

The Czech Republic now faces the critical task of rectifying the violations identified by the ECHR, demonstrating its commitment to upholding human rights and safeguarding the principles of the Convention.

Article by Prague Forum

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