published: 06.01.2013, 16:12 | updated: 06.01.2013 16:13:13
Prague - The Czech Constitutional Court (US) may receive a proposal from a group of senators for the abolition of part of the amnesty declared by President Vaclav Klaus as of January 2 next week, senator Alena Dernerova (for Severocesi.cz group) told CTK today.
At least 17 senators across the political spectrum have promised to sign the proposal, she added.
The complaint against the amnesty prepared by lawyers Milan Hulik and Hana Marvanova is based on the premise that the amnesty violated the equality right of the damaged citizens.
"The right of the accused, potential perpetrators to a just trial was preferred. However, it thereby denies the right of the damaged parties to just proceedings, that is the possibility to lay their property claims. I suppose that this is at variance with the Charter of the Fundamental Rights and Freedoms," Marvanova told CTK.
The possible proposal for the abolition of part of the amnesty would be a precedent since constitutional judges have never dealt with such a case yet.
Klaus announced the partial amnesty in his New Year's speech on the occasion of the 20th anniversary of the establishment of the Czech Republic. It applies to convicts with low suspended or prison sentences, elderly convicts and also suspects whose criminal proceedings have lasted for more than eight years.
The amnesty will apply to some 32,000 people, according to the Justice Ministry´s estimates.
The amnesty was broadly criticised mainly since it would halt prosecution in serious economic crime cases.
Dernerava refused to release the names of senators who would complain against part of the amnesty with the Constitutional Court.
Opposition Social Democrat (CSSD) chairman Bohuslav Sobotka and government TOP 09 deputy chairman and Finance Minister Miroslav Kalousek did not rule out in the Questions of Vaclav Moravec TV debate today that their parties´ senator groups might formally join the proposal.
Both TOP 09 e the CSSD have criticised the broad extent of the amnesty.
Supreme Court chairwoman Iva Brozova admitted in a debate on public Czech Television that a similar proposal might be examined whether it was in compliance with the constitution. She refused to anticipate whether such a complaint would have a chance to succeed.
Hulik pointed out in the TV debate that over the amnesty the damaged citizens would not be able to gain compensation. After the amnesty halts prosecution, they should seek compensation in civilian proceedings, in which, however, a three-year statute of limitation is valid.
If the Constitutional Court confirmed that the amnesty harmed the right of the injured parties, these people could demand compensation from the state, Sobotka warned.
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