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

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