Czech Republic: Recourse available to Roma victims when police refuse to respond, or respond inadequately, to requests for state protection; procedures for filing a complaint against the police (2012-February 2015)

1. Recourse Available to Roma for Police Inaction or Inadequate Response

1.1 Police Complaint System

Sources note that the Police of the Czech Republic falls under the Ministry of the Interior (Czech Republic n.d.a; Mesko et al. 60-61). The police force consists of the Police Presidium, units with "republic-wide competence," Regional Directorates, and other units under Regional Police Directorates (Czech Republic n.d.a).

According to the US Department of State's Country Reports on Human Rights Practices for 2013, the General Inspectorate [Inspection] of Security Forces (GIBS) in the Office of the Prime Minister "oversees the police, customs, and prison service, and is responsible for investigating allegations of misconduct" (US 27 Feb. 2014, 4). Similarly, the Handbook on Policing in Central and Eastern Europe states that the GIBS is headed by the Inspection Director who is appointed and dismissed by the Prime Minister (Mesko et al. 16 Apr. 2013). According to Romea, a news website that publishes information about Romani events in the Czech Republic (Romea n.d.), the GIBS is the successor of the Interior Minister's Inspectorate (16 Jan. 2014). According to Country Reports 2013, 118 cases were opened in 2012 by 231 GIBS inspectors across the country (US 27 Feb. 2014, 4).

1.1.1 Procedures for Filing a Complaint Against the Police

According to the website of the Police of the Czech Republic, complaints against the Police of the Czech Republic or individual policemen may be referred to the "Office of Internal Inspection, Police Presidium of the Czech Republic" by email or telephone (Czech Republic n.d.b). The website states that complaints will be "solved directly or submitted for inspection by other responsible bodies" (ibid). The website also indicates that a complaint should be made to the director of the alleged violator's unit, who is responsible for the complaint (ibid). The same source notes that if an individual is not satisfied with how their complaint was handled, they may submit their complaint to the "supervising unit" to hear the complaint again (ibid.). The website instructs individuals to follow this procedure instead of making their complaints to the Minister of the Interior or the Police Presidium, which would make a complaint "longer to solve" (ibid.).

In correspondence with the Research Directorate, an official at the Office of the Public Defender stated the someone can lodge a complaint against the police with the director of the regional police headquarters and then with the police president (ibid. 27 Feb. 2015). He said that if the police officer's actions constitute a criminal offence, the complainant should lodge a complaint with GIBS or with the Public Prosecutor's Office (ibid.).

The police website indicates that a complaint should be "as detailed as possible," and include the following information:

All information known about the alleged violator (or their unit), such as name, service number, and vehicle number plate.

Details of the event including a description of the scene, exact time of the event, list of witnesses, and other details which may help in the proper handling of the case.

The complainant's name, surname, mailing address, and signature.

Information about "legal persons," company name, address, name of the "statuary representative" and his signature.

Information describing "which of [the complainant's] rights were allegedly violated and how" as well as the redress sought by the complainant (ibid. n.d.b).

The website further notes that if a complaint is not resolved "immediately," it

should be solved within 60 days after its delivery to the unit responsible for its handling. The complainant shall be, duly and within the statutory period, informed of the results. The statutory period may be exceeded only when it is not long enough to determine all facts necessary to solve the complaint. (ibid.)

Further information about police complaint procedures, including how complaints are dealt with by the supervisory police unit, as well as statistics on the number and types of complaints received and handled by the police force, could not be found by the Research Directorate within the time constraints of this Response.

1.1.2 Effectiveness of Police Complaint System

In correspondence with the Research Directorate, an independent researcher whose work focuses on human rights violations committed against members of the Romani minority in the Czech Republic, and who worked as a consultant to the European Roma Rights Centre (ERRC) and various UN human rights bodiesstated, that the police complaint process is "ineffective in general" (Independent Researcher 17 Feb. 2015). In a telephone interview with the Research Directorate, Anna Porter, the author of the book Ghosts of Europe: Journeys Through Central Europe's Troubled Past and Uncertain Future [1], similarly said that the existing police complaint process is "not effective" (Porter 17 Feb. 2015). She noted that Roma have found complaining to the police to be an "ineffective solution" and refrain from doing so as the police "fail to protect their rights or address complaints made against individuals causing Roma harm" (ibid.).

An article published on Romea provides details about a case where a Romani man, reportedly repeatedly assaulted by a group of people in Kadan, attempted unsuccessfully to file a report of the incident with the police; the man ultimately turned to a lawyer for assistance with the filing of the report (Romea 1 Oct. 2014). The police then "accepted [the man's] criminal report" and charged the assailant (ibid.). The article reports that the Romani man's mother also attempted to file a report with the police concerning a later incident involving her son, but the police officers allegedly "refused to take her statement" (ibid.). The article further notes that following this later incident the Romani man himself was sentenced to three months in prison in an "accelerated trial" in which he alleged that he had "no opportunity to complain" (ibid). The article states that he wrote a complaint to the GIBS concerning the actions of the police (ibid.). The GIBS reportedly "excused what had occurred as merely an administrative error" (ibid.). Corroborating and further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The League of Human Rights, a non-profit human rights organization in the Czech Republic (League of Human Rights n.d.) states that government oversight over the GIBS is "lacking" (ibid. 2 Mar. 2015). This source notes that

[a] recurring problem when assisting victims of police brutality in the Czech Republic is the utter failure of the General Inspection of Security Forces (GIBS), which does not fulfill its function to investigate cases of inhuman and degrading treatment. In fact, a complaint against GIBS for its failure to investigate cases of abuse was recently sent to the European Court of Human Rights. (ibid.)

According to a 2014 article by Romea, the state attorney is unable to "proceed independently" and does "what the [GIBS] or the police order "[it] to do," explaining that "if the overseeing state attorney ... issues a decision to approve the shelving of a case that is being handled by the GIBS or police, it is essentially almost impossible to have that decision officially overturned" (16 Jan. 2014). The article further notes the case of a Romani man, who "'fell' from the window of a police station," whose family had to take their complaint over the handling of the incident by the police "all the way to the ECHR for recognition of their complaint that the police investigation of [the man's] death had been poorly handled" (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to a September 2014 article by the Czech News Agency (CTK), a national news agency in the Czech Republic, in an operation conducted by the GIBS to test police reliability, a GIBS agent pretended to be the victim of a crime and attempted to report the crime to the police (CTK 19 Sept. 2014). According to the source, the authors of the GIBS report indicated that some police "were so passive and lazy that it was impossible to conduct the test with them as they did not speak with the 'victims' at all" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a professor of anthropology at Thompson Rivers University in Kamloops, BC whose research and social development work focuses on Roma issues in Eastern and Central Europe, indicated that the overall effectiveness of the Czech Republic government's general response to Roma complaints has been "quite adequate," and that the situation has "improved over the past few years due to both internal and external pressures" (Professor 23 Feb. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Public Defender of Rights (Ombudsman)

According to the website of the Office of the Public Defender of Rights, also known as the Ombudsman, the mandate of the Public Defender is to "defend persons against the conduct of authorities and other institutions exercising state administration," including the Police of the Czech Republic (except in criminal proceedings involving the police), if the conduct is considered to be against the law, is "defective or incorrect," or if authorities are "inactive" (Czech Republic n.d.c). The Public Defender does not have authority over the activities of several institutions, including "Parliament, the President of the Republic and the Government" (ibid.). The Office of the Public Defender website states that the Defender can conduct "independent inquiries" but he cannot "substitute for the activities of state administrative authorities, and he cannot cancel or alter their decision[s]" (ibid.). However, the website also notes that "when a shortcoming is ascertained," the Defender can request that authorities "ensure remedy" (ibid.) and in "most cases his inquiries lead to a successful conclusion and authorities usually remedy their errors themselves" (ibid. n.d.d).

The official at the Office of the Public Defender stated that, in addition to their mandate of addressing complaints against misconduct by public authorities, the Ombudsman also became an "equality body" in 2009, and also handles complaints of discrimination (ibid. 27 Feb. 2015).

1.2.1 Procedures for Filing a Complaint with the Public Defender of Rights

According to the website of the Office of the Public Defender, before making a complaint to the Public Defender, an individual must demonstrate that they attempted to make a complaint to the "superior body" who is responsible for the authority whose conduct is being contested (ibid. n.d.e). If the superior authority does not respond to an individual's complaint or if the individual is not satisfied with the solution and the actions taken then a complaint can be brought to the Public Defender (ibid.). The website states that a complaint can be submitted in one of the following ways:

In writing: using the printed complaint form, or a personal letter describing the problem, naming the accused authority, and stating the goals of the complaint.

By e-mail: attaching the complaint form to an email, or writing a personal email detailing the necessary information, including the problem and naming the accused authority.

Through the "data box": sending a completed complaint form or personal letter detailing the problem and identifying the accused authority.

Through an interactive online form (in Czech only).

Personally delivering the written complaint by hand to the filing department of the Office of the Public Defender in Brno.

In person: a complaint can be submitted in person to a lawyer from the Office of the Public Defender, who will draw up the complaint, explain any ambiguities, and discuss the possible steps that could be taken (ibid. n.d.f).

According to the same source, in regards to a complaint alleging discrimination, the complainant must:

Describe the situation where the discrimination is believed to have occurred.

State the causes of discrimination (e.g. age, sex, ethnic origin etc.).

State who performed the act of discrimination.

Describe whether you defended yourself in any way (e.g. by reporting the event to the office, police, by bringing a court action etc.).

Attach, if possible, evidence of the described situation (various documents, audio or video recordings, testimony of other witnesses etc.) (Czech Republic n.d.g).

The official at the Office of the Public Defender stated that, out of a total of 8,534 complaints received by the office in 2014, there were 75 complaints "against police action," compared to 91 out of a total of 8,401 complaints in 2013, and 52 out of a total of 8,641 complaints in 2012 (ibid. 27 Feb. 2015).

The official from the Office of the Public Defender indicated that 39 discrimination complaints on the grounds of race or ethnicity were received by their office in 2014, compared to 18 in 2013, and 13 in 2012 (ibid. 27 Feb. 2015). The official also said that there is an "underreporting" of discrimination cases to the Ombudsman (ibid.). Information regarding how the complaints were dealt with could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The official from the Office of the Public Defender indicated that the Defender "rarely" finds the police to have breached the law in its inquiries into submitted complaints, though the official also indicated that "no exact data" is available (ibid.). The official noted that the Office of the Public Defender received one complaint in 2014 involving a Roma citizen and the police (ibid). The Romani individual brought a complaint against the municipal police for alleged use of racist language (ibid.). According to the official, after conducting an inquiry into the matter, the Public Defender found that the municipal police "did not breach a law" (ibid.).

1.2.2 Effectiveness of the Office of the Public Defender of Rights

According to the Office of the Public Defender's website, the Public Defender is "independent and impartial" and is "accountable only to the House of Deputies" (Czech Republic n.d.b). According to Country Reports 2013, the Office of the Public Defender "operated without government or party interference, had adequate resources, and human rights observers regarded it as effective" (US 27 Feb. 2014, 15).

2. Recent Government Action Regarding Roma

2.1 2013 Victims of Crime Act (Act No. 45/2013 Coll.)

Sources indicate that a new law on crime victim's rights went into effect in August 2013 (US 27 Feb. 2014, 7; OSCE n.d.). According to Country Report 2013,

[t]he law recognizes children, persons with disabilities, victims of human trafficking, and victims of sexual and brutal crimes as the most vulnerable populations. It lists the rights of crime victims, such as to claim compensation and access to an advocate; sets standards of treatment by the judiciary; and defines the framework for provision of other services. (US 27 Feb. 2014, 7)

According to the Organization for Security and Co-operation in Europe (OSCE), the Victims of Crime Act "includes provisions for special treatment of hate crime victims, who are now entitled to receive support from registered providers, have a right to protection from secondary harm and a right to financial compensation and support" (OSCE n.d.). According to the Independent Researcher, the Act expands the rights of victims who suffered an injury to their mental or physical health, or to their property as a result of crime, including that they are now able to bring a "confidant" of their choice to accompany them throughout criminal proceedings (Independent Researcher 17 Feb. 2015). Further, the law has served to clarify what information should be given to victims by hospitals, police, and the prosecutor, and a "broader range of victims" are now entitled to financial support from the state (ibid.). The Independent Researcher also indicated that the Act facilitates the implementation of a system where victim support organizations may be accredited and financed by the Justice Ministry to provide help to victims (ibid.). She also noted that there are non-profit organizations providing outreach to Romani communities to encourage Romani individuals to report violent crimes, as well as to provide them with legal assistance (ibid.). According to a 2013 article by In IUSTITIA, a legal organization that provides assistance to victims of hate violence in the Czech Republic (In IUSTITIA n.d.), it was the first organization to be accredited under the Victims of Crime Act as a legal information provider (ibid. 5 Sept. 2013). However, in an article published by Romea in February 2014, a representative from In IUSTITIA is quoted as stating that "even with the new law in effect, victims still lack protection from their alleged perpetrators or from harms that might arise during the solving of these crimes" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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.

Note

[1] The book focuses on the consequences of the collapse of the Soviet Union and the effort to implement democracy, which led to a widening gap between the rich and poor, and the return of racial tensions, including against the Roma community, in the Czech Republic, Slovakia, Hungary and Romania (Porter 17 Feb. 2015). Porter has conducted field research on Roma in the Czech Republic and has written articles for the Globe and Mail and other Canadian publications (ibid.).

References

Czech News Agency (CTK). 19 September 2014. "One in Every 10 Czech Police Officers Is Corrupt." [Accessed 8 Mar. 2015]

Czech Republic. 27 February 2015. Office of the Public Defender of Rights (Ombudsman). Correspondence from an official to the Research Directorate.

_____. N.d.a. Police of the Czech Republic. "About Us." [Accessed 3 Mar. 2015]

_____. N.d.b. Police of the Czech Republic. "Complaints." [Accessed 16 Feb. 2015]

_____. N.d.c. Office of the Public Defender of Rights (Ombudsman). "Mandate of the Public Defender of Rights." [Accessed 19 Feb. 2015]

_____. N.d.d. Office of the Public Defender of Rights (Ombudsman). "Complaints about Authorities." [Accessed 19 Feb. 2015]

_____. N.d.e. Office of the Public Defender of Rights (Ombudsman). "What Should Precede a Complaint Addressed to the Defender." [Accessed 16 Feb. 2015]

_____. N.d.f. Office of the Public Defender of Rights (Ombudsman). "Procedure in Lodging a Complaint and its Requisites." [Accessed 16 Feb. 2015]

_____. N.d.g. Officer of the Public Defender of Rights (Ombudsman). "Would You Like to File a Complaint About Discrimination?" [Accessed 23 Feb. 2015]

Handbook on Policing in Central and Eastern Europe. 16 April 2013. Edited by Gorazd Mesko, Charles B. Fields, Branko Lobnikar, and Andrej Sotlar. New York: Springer. [Accessed 6 Mar. 2015]

Independent Researcher. 17 February 2015. Correspondence with the Research Directorate.

In IUSTITIA. 5 September 2013. "In IUS First Organization Accredited for Helping Crime Victims." [Accessed 9 Mar. 2015]

_____. N.d. "About Us." [Accessed 9 Mar. 2015]

The League of Human Rights. 2 March 2015. "The Fight for Fair Police Practices in the Czech Republic." [Accessed 06 Mar. 2015]

_____. N.d. "About Us: Who We Are." [Accessed 9 Mar. 2015]

Organization for Security and Co-operation in Europe (OSCE). N.d. Office for Democratic Institutions and Human Rights (ODIHR). "Czech Republic." Hate Crime Reporting. [Accessed 18 Feb. 2015]

Porter, Anna. 17 February 2015. Telephone interview with the Research Directorate.

Professor, Thompson Rivers University, Kamloops, BC. 23 February 2015. Telephone interview with the Research Directorate.

Romea. 1 October 2014. "Czech Republic: Roma Claim Police Apply Double Standard." Translated by Gwendolyn Albert. [Accessed 18 Feb. 2015]

_____. 20 February 2014. "Czech Republic: Number of Victims of Hate Violence Rose in 2013." Translated by Gwendolyn Albert. [Accessed 18 Feb. 2015]

_____. 16 January 2014. Zyad Yassin. "Commentary: Czech Trial of Policy President Shows State Attorney Not Independent." Translated by Gwendolyn Albert. [Accessed 6 Mar. 2015]

_____. N.d. "About Romea.cz." [Accessed 18 Feb. 2015]

United States (US). 27 February 2014. Department of State. "Czech Republic." Country Reports on Human Rights Practices for 2013. [Accessed 18 Feb. 2015]

Additional Sources Consulted

Oral sources: The following were unable to provide information within the time constraints of this Response: Embassy of the Czech Republic in Ottawa; Government Council for Roma Minority Affairs in the Czech Republic.

Attempts to contact the following were unsuccessful within the time constraints of this Response: Department for Asylum and Migration Policy, Czech Republic; European Roma Rights Centre (ERRC), Czech Republic; In IUSTITIA; League of Human Rights; Roma Decade; Slovo 21.

Internet sites, including: BBC; ecoi.net; Decade of Roma Inclusion 2005-2015; European Network Against Racism; European Roma Rights Centre; Factiva; Freedom House; Human Rights Watch; Jamestown Foundation; Liga Lidskych Prav; Life Together; Open Society Foundations; Radio Free Europe/Radio Liberty; ReliefWeb; UN - Refworld, United Nations Development Programme, UN Refugee Agency.