Czech Republic: Government response to neo-Nazi groups in the country, including political parties and gangs (2014-February 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources mention the existence of the following right-wing extremist groups in the Czech Republic:

• Národní demokracie (National Democracy) (SIMI 22 Feb. 2017; UN 22 Feb. 2017);
• Delnická strana socilní spravedlnosti (Workers' Party of Social Justice) (UN 22 Feb. 2017; SIMI 22 Feb. 2017);
• Delnická mládež (Youth Workers) (SIMI 22 Feb. 2017; UN 22 Feb. 2017);
• Pro-Vlast (SIMI 22 Feb. 2017; Czech Republic May 2016, 15);
• Generace identity (Generation of Identity) (SIMI 22 Feb. 2017);
• Národní domobrana (National Militia) (SIMI 22 Feb. 2017);
• Národní obroda (National Resurgence) (SIMI 22 Feb. 2017);
• Národní ODPOR (National Resistance) (SIMI 22 Feb. 2017).

A 2016 report by the Czech Republic Ministry of the Interior, entitled Report on Extremism in the Territory of the Czech Republic in 2015, includes "National Resurgence" and "Autonom CZ" in the subsection on "Right-wing extremism" (Czech Republic May 2016, 15). The same source describes National Resurgence as a "new association" that was established by "right-wing extremist Pavel Matejny," and Autonom CZ as a "new platform" (Czech Republic May 2016, 15).

In addition, sources mention the existence of the following left-wing extremist groups in the Czech Republic:

• Network of Revolutionary Cells (Czech Republic May 2016, 6);
• Anti-phoenix grouping (Czech Republic 22 Feb. 2017);
• Left perspective (Czech Republic 22 Feb. 2017).

According to the Report on Extremism in the Territory of the Czech Republic in 2015, the "main streams within the domestic extreme left are formed by the anarchist movement," as well as "long-term marginal Trotskyist and Marxist-Leninist groups" (Czech Republic May 2016, 18). According to the same report, the anarchist movement was "fragmented to locally active groups, cells, and individuals" while the "Anarchist Federation, formerly known as the Czechoslovak Anarchist Federation, formed the umbrella platform" (Czech Republic May 2016, 18).

According to sources, Blok proti islámu (Block against Islam) is an anti-Islamic group (GLOBSEC Policy Institute 14 Oct. 2016; Czech Republic May 2016, 10). According to the Report on Extremism in the Territory of the Czech Republic in 2015, this group resulted from the transformation of the initiative "We do not want Islam in the Czech Republic (… IvCRN)" into an association (Czech Republic May 2016, 10). In correspondence with the Research Directorate, a representative from the UNHCR office in Prague stated that in addition to "Islám v CR nechceme! (No to Islam in the CR!),"

there are several recently established political parties, such as Úsvit (Dawn), Strana práv obcanu (Citizens' Rights Party) and Svoboda a prímá demokracie - Tomio Okamura (Freedom and Direct Democracy - Tomio Okamura) with a similar anti-immigration discourse. (UN 22 Feb. 2017)

Without providing further detail, the same source stated that Národní socialisté - LEV 21 (National Socialists - LEV 21) and "several home defence groups" are among "other monitored groups" (UN 22 Feb. 2017)

The Report on Extremism in the Territory of the Czech Republic in 2015 indicates that in 2015, 307 events were organized by "politically motivated extremist entities or with the attendance of individuals active in extremist entities" (Czech Republic May 2016, 6). In 2014, 291 such events were organized (Czech Republic May 2016, 6). In correspondence with the Research Directorate, Magda Faltová, the Director of the Association for Integration and Migration (SIMI), a "human rights non-profit organization ... provid[ing] free legal, social and psychosocial counselling to foreigners living in the Czech Republic" (SIMI n.d.), stated that in 2015, "neo-Nazi groups supported by tens or hundreds, joined the bigger islamophobic movements and managed together to organize demonstrations with [the] attendance of 400-1000 people on [a] regular basis" (SIMI 22 Feb. 2017). According to an article written by the same source and published on the website of the GLOBSEC Policy Institute, a Bratislava-based "think-tank" that focuses on "foreign policy and [the] international environment" (GLOBSEC Policy Institute n.d.), "the attendance at demonstrations dropped to around 20-100 people" in 2016 (GLOBSEC Policy Institute 14 Oct. 2016). In an in-person interview, an official of the Embassy of the Czech Republic in Ottawa stated that events organized by extremist groups are usually attended by "maximum 300" people (Czech Republic 22 Feb. 2017).

According to the SIMI representative, "in past years," extremist groups "mainly" targeted the Roma population in their rhetoric and activities, but "in 2015, anti-migration, refugees and anti-Muslim topics became prevalent" (SIMI 22 Feb. 2017). The Report on Extremism in the Territory of the Czech Republic in 2015 indicates that the "main highlighted topic of all politically motivated extremist groups was migration" (Czech Republic May 2016, 6).

1.1 Cooperation with Political Parties

The Czech Ministry of Interior's Report on Extremism in the Territory of the Czech Republic in 2015 indicates that Block against Islam has established cooperation with "Dawn - National Coalition…(ÚNK)," a political party that has representatives in the Chamber of Deputies (Czech Republic May 2016, 10). The GLOBSEC Policy Initiative article written by Magda Faltová indicated that the Block against Islam

sought cooperation with political parties and individual politicians and successfully allied with Úsvit and individual MPs from ODS [Obcanské Demokratické Strane], ANO [Akce Nespokojených Obcanu] and others. They managed to be part of and organize events in both chambers of the Czech Parliament regarding the danger of Islam. (GLOBSEC Policy Institute 14 Oct. 2016)

The Embassy official stated that the Workers' Party of Social Justice made a coalition with LEV 21 in the 2016 regional elections (Czech Republic 22 Feb. 2017).

In a telephone interview with the Research Directorate, a representative of In Iustitia, a Czech non-profit organization that aims to "protect communities at risk of violent racism and neo-Nazism," including through the provision of legal assistance to "individuals exposed to hate violence" (In Iustitia n.d.), stated that, over the past five years, the expression of extremist ideas has entered the sphere of mainstream politics and is not limited to extremist groups (In Iustitia 22 Feb. 2017). The US Department of State's Country Reports on Human Rights Practices for 2015 and 2014 state that NGOs reported the level of hate speech increased during the year among politicians, including members of parliament, senators, and local politicians across the political spectrum (US 13 Apr. 2016, 21; US 25 June 2015, 28). According to Country Reports 2015, "[a]lthough the government publicly condemned anti-Islamic rhetoric, some politicians continued to make anti-Islamic statements" (US13 Apr. 2016, 24). According to the same source, in October 2015, "President Zeman stated that Muslim refugees will not respect laws and customs and will try to apply sharia law" (US13 Apr. 2016, 24). The Czech Ministry of Interior's Report on Extremism in the Territory of the Czech Republic in 2015 indicates that, on 17 November 2015, Block against Islam participated in the organization of a gathering in Prague that was attended by approximately 2,500 people, including the Czech President Miloš Zeman (Czech Republic May 2016, 10). According to an article on the website of Radio Free Europe-Radio Liberty (RFE/RL), "based on reporting by AFP and Reuters," during the 17 November 2015 rally, President "Zeman warned against immigrants who belonged to a 'culture of murderers and religious hatred'" (RFE/RL 17 Nov. 2015).

In correspondence with the Research Directorate, a representative of the Czech Helsinki Committee, a human rights organization that was initially established to supervise the Czech Republic's compliance with the Universal Declaration of Human Rights and that is currently dedicated to monitoring respect for human rights in the Czech Republic and fighting racism and intolerance (Czech Helsinki Committee n.d.), stated that "there are some members of Parliament … who are expressing the same ideology" as neo-Nazi groups (Czech Helsinki Committee 22 Feb. 2017). According to the SIMI representative, the "[m]ajority of political parties target civil society working with minorities," whom they consider as "traitors of the country" (SIMI 22 Feb. 2017). The US Department of State's International Religious Freedom Report for 2014 states that "[s]ome government figures made anti-Semitic statements, but others held rallies against anti-Semitism" (US 14 Oct. 2015, 4).

2. Legislation

Sources indicate that hate crimes are covered by the Criminal Code of the Czech Republic, and that there is no separate law against hate crime and extremism (In Iustitia 22 Feb. 2017; Czech Republic 22 Feb. 2017).

A report entitled National Report on Hate Crimes Monitoring, published in 2016 by the Organization for Aid to Refugees (OPU), a non-profit humanitarian organization dedicated to "helping refugees and foreigners in the Czech Republic," through free legal and social counselling (OPU n.d.), states that in the Czech Republic,

hate crimes are generally prosecuted under the following sections of the Criminal Code:

• defamation of nation, race, eth[n]ical or other group[s] of people [Section 355];
• instigation of hatred towards a group of people or towards disrespect of their rights and freedoms [Section 356];
• establishment, support and propagation of a movement leading to repression of rights and freedoms of a man [Section 403];
• expression of sympathy towards above mentioned movements [Section 404];
• denial, questioning, approval and justification of genocide [Section 405]. (OPU Sept. 2016)

Without providing further detail, the In Iustitia representative stated that the Criminal Code covers two groups of hate crimes: defamation and incitement of hatred based on race, religion, ethnicity, nationality, or political belonging; and crimes committed because of the victim's race, religion, ethnicity, nationality, or political belonging (In Iustitia 22 Feb. 2017). The same source indicated that "motivation for the latter group of crimes is considered an aggravated circumstance across [the] Criminal Code under provisions on murder, bodily injuries, etc.," however, it does not include crimes committed "based on age, gender, sexual orientation or disability" (In Iustitia 22 Feb. 2017). The Country Reports 2014 similarly states that Czech legislation on hate crime does not include references to the grounds of sexual orientation and gender identity (US 25 June 2015, 31). A 2015 European Commission against Racism and Intolerance (ECRI) report recommended that "[t]he Criminal Code provisions on violence against a group of persons or an individual, defamation and incitement to hatred" should include "specific references to the grounds of sexual orientation and gender identity" (Council of Europe 13 Oct. 2015, 10). According to the 2016 OPU report, the Czech Republic "has still not implemented the recommendation from ECRI to specifically mention homophobic or transphobic motivation under Section 352…355…or 356" of the Criminal Code (OPU Sept. 2016). The Criminal Code is attached to this Response.

3. State Response

Sources indicate that the governmental Agency for Social Inclusion launched an initiative called the Hate Free Culture (SIMI 22 Feb. 2017; OPU Sept. 2016, 5) in 2014 (OPU Sept. 2016). According to the OPU report, the initiative's main activities include "informing the public about events related to hate crime or hate speech, disproving hoaxes and promoting tolerance and dialogue" (OPU Sept. 2016). According to sources, through this project, the government has produced a set of information leaflets containing practical information and advice for victims and witnesses of hate crime (OPU Sept. 2016; SIMI 22 Feb. 2017). Country Reports 2014 notes that "[s]ome NGOs and other governmental entities criticized the [Agency for Social Inclusion] as ineffective because of a lack of tangible progress on Roma integration" (US 25 June 2015, 30-31). Similarly, the OPU report states that, despite the Hate Free Culture initiative, "the public remains largely indifferent towards hate crime and tends to listen to various hoaxes and stereotypes" (OPU Sept. 2016, 16).

In a report submitted to the UN Human Rights Committee in February 2016, the Czech government indicates that in 2014,

the Judicial Academy organized 15 seminars on extremism-related topics or connected therewith… The educational events were attended by 673 persons - judges, state attorneys, assistants of judges, trainee judges and judicial trainees for the position of state attorneys. …Altogether 39 persons participated in seminars specialized at combating extremism … In 2015, two seminars on extremism issues were organized with 58 participants. (UN 10 Feb. 2016, para. 8)

In comments submitted to the Council of Europe's Advisory Committee on the Framework Convention for the Protection of National Minorities in June 2016, the Czech government, responding to the Committee's recommendations regarding hate crime, informed the Committee of the following governmental initiatives:

• the "Fight against extremism strategy for 2015," that "proposed a wide range of measures related to anti-Gypsyism," such as "educational and awareness activities, crime prevention activities…[and] training courses for criminal justice agencies" (Council of Europe 28 June 2016, 17-18);
• a project launched in 2014 entitled "Introducing specialised police officers to police minority groups of Roma in socially excluded localities" to address the risk of "organised crime,… petty crime [and] the serious risk of a growth in xenophobia, extremist activities and manifestations of racism, anti-Gypsyism, etc." (Council of Europe 28 June 2016, 18).

In a report submitted to the UN Committee against Torture in November 2016, the Czech government indicates that

[s]eminars are implemented in the context of the Campaign against Discrimination and Hate Violence focusing on the prevention of racist attacks and the detection of crimes motivated by racial hatred for the members of the Police. The seminars are carried out in regions where there is a greater risk of racist attacks. There is also an instructional movie intended for the Police dealing with two specific cases of violence of hatred. (UN 29 Nov. 2016, para. 69)

According to the Czech Helsinki Committee representative,

[t]here are existing long-term strategies and actions plans to cope with [extremism] but their impact on practical level is not seen at all. The hostility towards minorities is growing every year and the attacks of all kinds are more dangerous, thought-out [and] organised. (Czech Helsinki Committee 22 Feb. 2017)

The In Iustitia representative stated that, in her opinion, there is "no political will against hate crime" in the Czech Republic today (In Iustitia 22 Feb. 2017). Similarly, the SIMI representative stated that there is "less and less political will" to improve the situation of minorities, Roma, migrants and refugees (SIMI 22 Feb. 2017).

3.1 Banning of Neo-Nazi and Extremist Groups

The In Iustitia representative stated that the government has not taken any action against existing parties or entities since 2010 (In Iustitia 22 Feb. 2017). The same source further explained that extremist groups are careful in their rhetoric so as to avoid judicial proceedings and if there is no racist propaganda in their programmes, it is difficult for the government to take any action against them (In Iustitia 22 Feb. 2017). Similarly, the Embassy official stated that the government "very rarely" bans political parties or groups, whose leaders are conscious that they can be banned and as such "find a way to stay on the safe side" (Czech Republic 22 Feb. 2017). Without providing further detail, the In Iustitia representative noted that legal actions would not be effective for the many groups that are not registered (In Iustitia 22 Feb. 2017).

3.2 Response to Extremist Crime

According to the Embassy official, the Report on Extremism in the Territory of the Czech Republic in 2016, which is currently only available in Czech, indicates that in 2016, 143 criminal offences with extremist subtext were recorded (Czech Republic 22 Feb. 2017). The Czech Ministry of Interior's Report on Extremism in the Territory of the Czech Republic in 2015 indicates that in 2015, 175 criminal offences with extremist subtext were recorded, of which 154 persons were "prosecuted and investigated," and 114 cases were solved (Czech Republic May 2016, 25). The Report on Extremism in the Territory of the Czech Republic in 2014 indicates that in 2014, 201 criminal offences with extremist overtone were recorded, of which 157 persons were "prosecuted and investigated," and 132 cases were solved (Czech Republic May 2015, 27-28). Information on the result of these cases, including charges and sentencing, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

However, the OPU report states that the "actual" number of crimes with "extremist motives" is unknown due to the "lack of specific data on hate crimes" (OPU Sept. 2016). According to the same source,

[t]he reports published by the Ministry of Interior focus on hate crimes committed by persons belonging to extremists groups and absolutely ignore the existence of hate crimes committed by persons who do not belong to any of the monitored extremist groups. Due to unnecessary focus on extremism rather than on hate crime in general, there are no official data on the number, character, motives and victims of hate crime in the Czech Republic. … Even those data which are available (on extremism) have considerable shortcomings … In particular, the official data are collected from four different sources: police directorate, state prosecution service, courts and mediation and probation service. However, the data collection systems of these authorities are not interconnected and therefore the data used in the report do not correlate. (OPU Sept. 2016)

Concerning both hate crime and hate speech, the SIMI representative stated that underreporting is an "ongoing problem," "since victims are often from Roma and migrant communities which lack trust towards police investigation, action and protection" (SIMI 22 Feb. 2017).

Sources report that in 2016, a man had fired shots into the air at a Roma children's summer camp and the police did not come to the scene (AI 22 Feb. 2017; In Iustitia 22 Feb. 2017) despite requests for help (AI 22 Feb. 2017). Amnesty International's Report 2016/17: The State of the World's Human Rights further reports that in "September, a regional police office investigation dismissed these claims but found that the incident was not investigated thoroughly" (AI 22 Feb. 2017).

3.3 Response to Demonstrations and Marches

Country Reports 2015 indicates that

[t]he government may legally restrict or prohibit gatherings, including marches, demonstrations, and concerts, if they promote hatred or intolerance, advocate suppressing individual rights, or jeopardize the safety of participants. (US 13 Apr. 2016, 8)

According to the Embassy official, if an extremist group is present at a demonstration, the police will be present as well and intervene as soon as the demonstration deviates from its announced plan (Czech Republic 22 Feb. 2017).

The In Iustitia representative stated that the same demonstration can be banned in one place, but accepted in another (In Iustitia 22 Feb. 2017). Regarding the government's response to extremists' demonstrations, the Czech Helsinki Committee representative stated that:

[w]e consider the government response to all events organised by extremists as we[a]k and not adequate at all. … The police forces are more visible during such events and also in the streets but [in] our experience, [the] majority of them are very [young], in-experienced [and have a] tendency to sympathize with extremist groups concerning Roma population and migrants. … Public hate-speeches and activities like symbols of gallows during some events in 2016 and 2015 are tolerated by [the] police and by municipal authorities. (Czech Helsinki Committee 22 Feb. 2017)

3.4 Response to Hate Speech

According to the In Iustitia representative, the police do not prosecute hate speech enough and the judiciary is too permissive in this domain (In Iustitia 22 Feb. 2017). The same source expressed the opinion that there is a "decriminalization of verbal crimes," as crimes of incitement to hatred that used to be prosecuted five years ago are no longer prosecuted (In Iustitia 22 Feb. 2017). According to the same source, in 80 percent of the cases of incitement to hatred that In Iustitia has worked on, the alleged perpetrators were not prosecuted (In Iustitia 22 Feb. 2017). Similarly, the ECRI report states that "[c]riminal action is ruled out too easily and the hate speech provisions are rarely applied" (Council of Europe 13 Oct. 2015, 9).

According to the Czech Report on Extremism in 2015,

[o]verall, the speeches of representatives of [anti-Islamic and anti-migration] entities are on the verge of law, especially as regards the instigation to hatred or defamation of particular groups of people, usually on the basis of their ethnicity or religious beliefs. (Czech Republic May 2016, 7)

The SIMI representative explained that

[h]ate speech and other verbal crimes are complicated to prosecute and police tend to underestimate the problem. There is a lack of cooperation with social media, especially Facebook, which means that no investigation is conducted even if the crime is reported. (SIMI 22 Feb. 2017)

In addition, Country Reports 2015 states that

[a]uthorities were increasingly willing to prosecute hate speech on the internet, although extremists often stymied their efforts by placing their pages on foreign servers out of the reach of authorities. (US 13 Apr. 2016, 7-8)

Similarly, the Czech Helsinki Committee explained that it is difficult to prosecute the hackers associated with White Media, which, according to the source, started as "a video sharing website aimed at the promotion of primitive racism and xenophobia," because the website is operated from a server in the US (Czech Helsinki Committee 22 Feb. 2017).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International (AI). 22 February 2017. "Czech Republic." Amnesty International Report 2016/17: The State of the World's Human Rights. [Accessed 22 Feb. 2017]

Association for Integration and Migration (SIMI). 22 February 2017. Correspondence from a representative to the Research Directorate.

Association for Integration and Migration (SIMI). N.d. "About Us." [Accessed 23 Feb. 2017]

Council of Europe. 28 June 2016. Advisory Committee on the Framework Convention for the Protection of National Minorities. Comments of the Government of the Czech Republic on the Fourth Opinion of the Advisory Committee on the Implementation of the Framework Convention for the Protection of National Minorities by the Czech Republic. (GVT/COM/IV(2016)002). [Accessed 17 Feb. 2017]

Council of Europe. 13 October 2015. European Commission Against Racism and Intolerance (ECRI). ECRI Report on the Czech Republic (Fifth Monitoring Cycle). (CRI(2015)35). [Accessed 17 Feb. 2017]

Czech Helsinki Committee. 22 February 2017. Correspondence from a representative to the Research Directorate.

Czech Helsinki Committee. N.d. "About Us." [Accessed 23 Feb. 2017]

Czech Republic. 22 February 2017. Embassy of the Czech Republic in Canada. Interview with an official.

Czech Republic. May 2016. Ministry of the Interior. Report on Extremism in the Territory of the Czech Republic in 2015. [Accessed 20 Feb. 2017]

Czech Republic. May 2015. Ministry of the Interior. Report on Extremism in the Territory of the Czech Republic in 2014. [Accessed 20 Feb. 2017]

GLOBSEC Policy Institute. 14 October 2016. "The Czech Republic: Migration Trends and Political Dynamics." [Accessed 13 Mar. 2017]

GLOBSEC Policy Institute. N.d. "About." [Accessed 13 Mar. 2017]

In Iustitia. 22 February 2017. Telephone interview with a representative.

In Iustitia. N.d. "About Us." [Accessed 23 Feb. 2017]

Organisation for Aid to Refugees (OPU). September 2016. "Czech Republic." National Report on Hate Crimes Monitoring. [Accessed 20 Feb. 2017]

Organisation for Aid to Refugees (OPU). N.d. "About Us." [Accessed 27 Feb. 2017]

Radio Free Europe-Radio Liberty (RFE/RL). 17 November 2015. "Czech President Attends Anti-Muslim Rally." [Accessed 23 Feb. 2017]

United Nations (UN). 22 February 2017. United Nations High Commissioner for Refugees (UNHCR). Correspondence from a representative of the Prague office to the Research Directorate.

United Nations (UN). 29 November 2016. Committee against Torture. "Czechia." Consideration of Reports Submitted by States Parties Under Article 19 of the Convention Pursuant to the Optional Reporting Procedure. (CAT/C/CZE/6). [Accessed 20 Feb. 2017]

United Nations (UN). 10 February 2016. International Covenant on Civil and Political Rights. Human Rights Committee. Concluding Observations on the Third Periodic Report of the Czech Republic. Addendum. Information Received from the Czech Republic on Follow-up to the Concluding Observations. (CCPR/C/CZE/CO/3/Add.2). [Accessed 20 Feb. 2017]

United States (US). 13 April 2016. Department of State. "Czech Republic." Country Reports on Human Rights Practices for 2015. [Accessed 17 Feb. 2017]

United States (US). 14 October 2015. Department of State. "Czech Republic." International Religious Freedom Report for 2014. [Accessed 20 Feb. 2017]

United States (US). 25 June 2015. Department of State. "Czech Republic." Country Reports on Human Rights Practices for 2014. [Accessed 17 Feb. 2017]

Additional Sources Consulted

Oral sources: Assistant Professor, Department of International Relations and European Studies, Faculty of Social Science, Masaryk University; Czech Republic - Government Council for Human Rights, Government Council for Roma Minority Affairs, Ministry of Interior, Office of the Public Defender of Rights; IQ Roma Servis; League of Human Rights.

Internet sites, including: BBC; Ceská Tisková Kancelár; ecoi.net; European Union - Agency for Fundamental Rights; Factiva; Fédération internationale des ligues de droits de l'homme; France 24; Freedom House; Human Rights Watch; Minority Rights Group International; Political Handbook of the World; Radio Prague; Radio France internationale; UN - Human Rights Council, Refworld.

Attachment

Czech Republic. 2009. Criminal Code. Act No. 40/2009 Coll. of 8 January 2009. [Accessed 17 Mar. 2017]