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Civic initiatives ask senators to sue Czech president for treason over amnesty

23 January 2013
2 minute read

Businessman Karel Janeček, who describes himself as fighting corruption, has sent the members of the Czech Senate an appeal demanding that they discuss bringing a constitutional complaint against Czech President Klaus for treason as per Article 65 of the Constitution in connection with the prisoner amnesty he announced earlier this month. The appeal has been signed by 17 organizations including Public against Corruption (Veřejnost proti korupci) and Democracy Inventory (Inventura demokracie).

The challenge to the senators states that the legal order defines treason as behavior by the president "aimed against the integrity and sovereignty of the republic as well as against its democratic order". The signatories to the appeal believe that precisely such behavior has been committed by Klaus.

"Through his New Year’s amnesty, President Klaus granted a general pardon to an entire generation of crooks, striking a heavy blow against the citizens’ faith in democracy and the rule of law. Of course, this entire matter also has a clear legal aspect to it," writes Janeček.

Janeček sees the amnesty as an attack on a constitutionally independent judiciary, the principles of the rule of law, and the fundamental human rights guaranteed by the Constitution, i.e., the very bases of the democratic order of the republic.

Even though the president’s term is coming to an end, Janeček says the point of a treason proceedings would be an effort to confirm the democratic nature of the republic and renew citizens’ faith in democracy and the rule of law. "The action taken by the president and his accomplices deserves not just moral condemnation, but also a clear legal qualification," Janeček writes.

The punishment for treason is loss of the presidential office and the capacity to be re-elected to it. The proceedings would be undertaken by the Constitutional Court and the suit would be filed by the Senate.

The following civic initiatives signed the call: Public against Corruption (Veřejnost proti korupci), Democracy Inventory (Inventura demokracie), NEO 2011, Life & Prosperity (Život & Prosperita), the Council for International Relations (Rada pro mezinárodní vztahy), Prague Mothers (Pražské matky), the Actors’ Association (Herecká asociace), Alternative (Alternativa), I Love Ústí, Student Spring (Studentské jaro), Prague Forum (Pražské fórum), Freedom and Prosperity KV (Svoboda a prosperita KV), Dissatisfied Citizens (Nespokojení občané), FITES, Person & Planet (Člověk & Země), Our Střekov (Náš Střekov), Quijote’s Ride (Quijotova jízda).

Figures who support the call: Václav Němec – Prague Forum (Pražské fórum), Tomáš Marada – Positive Evolution (Pozitivní evoluce), Hana Marvanová – Public against Corruption (Veřejnost proti korupci), Adriana Krnáčová -Public against Corruption (Veřejnost proti korupci), Jiří Hromada – the Actors’ Association (Herecká asociace), Olga Sommerová – FITES, Tomáš Kopečný – Democracy Inventory (Inventura demokracie), Zdeněk Ručka – Student Spring (Studentské jaro).

The full text of the letter is available (in Czech only) at http://www.klausovavelezrada.cz/

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