CERD/C/CZE/CO/7
page 3
8.
The Committee reiterates its concern that, despite efforts to that end, the State party
has still not adopted a general anti-discrimination law guaranteeing the right to equal
treatment and protection against discrimination. (articles 1, 2 and 5)
The Committee recommends again that the State party adopt legislation
providing for the prohibition of discrimination based on colour, race, descent,
national or ethnic origin, as defined in article 1 of the Convention, as a general
principle applicable in the political, economic, social and cultural spheres or
any other field of public life.
9.
The Committee notes that, when explaining the grounds of application of Sections
260, 261 and 261 (a) of the Criminal code, the State party refers to “Nazi or Communist
genocide” (CERD/C/CZE/7, para. 47, note 45), and explains it by mixing up the ideas of
hate crimes, racist propaganda and genocide with that of class struggle. Such confusion not
only weakens the objective of fighting racial discrimination, but also politicizes a
phenomenon like genocide, which is abhorrent in itself.
The Committee urges the State party to ensure that such confusion of questions
of different nature is not made in the application of the Criminal code.
10.
The Committee notes the decrease in the number of neo-Nazi concerts known to the
Police since 2004, as well as efforts undertaken by the State party to establish guidelines for
the police to prevent their organization. It remains deeply concerned however by
information according to which action taken by the public authorities to prevent and
prosecute the organization of, and participation in, such concerts is neither systematic nor
sufficient. (article 4)
The Committee urges the State party to ensure that the organization of, and
participation in, racist concerts are prevented, prosecuted, and punished
accordingly. The authorities of the State party, in particular the police, should
adopt a proactive and vigorous policy to ensure that such concerts do not take
place, and impede the distribution of related propaganda.
11.
The Committee, while noting the responses provided by the delegation that in 2006
no crimes by police officers with racist undertones were registered by the Inspectorate of
the Ministry of Interior, reiterates its concern about information according to which Roma,
in particular children, are subject to ill-treatment by police officers and are placed in
detention and coerced into confessing minor crimes. While welcoming the ongoing
discussion undertaken by the State party towards the establishment of a new system,
independent of the Ministry of Interior, to investigate unlawful conduct by the police the
Committee regrets that this has not yet been done. (article 4)
The Committee strongly recommends that the State party, in accordance with
its general recommendations XXXI (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice