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Czech President Klaus announces prisoner amnesty in final speech

02 January 2013
7 minute read

In his final New Year’s Day speech today, Czech President Václav Klaus evaluated the past 10 years during which he was the country’s head of state. He defended democracy and traditional values, assessed the country’s economic development, and criticized the European Union and the amount of regulation which, in his view, is putting the brakes on growth. The president also called for a return to national cohesion. He announced a partial amnesty for prisoners at the close of the speech.

According to the head of state, the Czech economy has grown appreciably during the past decade. "Despite all of the problems that are accompanying us right now, we are not living through any kind of catastrophe," Klaus said in the speech.

He also warned against several movements and personalities who, in his view, are doing their best to increase unrest at a time of recession in order to undo democracy.

"We have, however, just been running in place for several years now, which people sense, and various schemers of bad moods and pompous, self-appointed saviors are doing their best to exploit this situation for their own aims," Klaus said. In his view, such people are not interested in improving life, but are rather doing their best to exploit the situation for their own purposes. "Unlike them, the vast majority of us very much value parliamentary democracy. Those who spent their lives bringing democracy to our republic are still living among us," he added.

Klaus said turbulence on the Czech political scene was one source of citizens’ dissatisfaction "as the last week before Christmas showed us, among other things." Before Christmas the governing coalition was shaken yet again when Karolína Peake, the chair of the LIDEM party (Liberal Democrats – the acronym translates as "with the people"- translator), became the head of the Defense Ministry for the first time. Czech Prime Minister Petr Nečas (Civic Democrats – ODS) suggested to Klaus several days afterward that she be removed from office because he had already lost faith in her. The president acceded to his request and LIDEM then threatened to leave the governing coalition.

Klaus said a "deep and constantly expanding gulf is being dug" between the government and the opposition. "Clashes between the government and the opposition were a customary dimension of the democratic world 10 years ago. The same held for the degree of citizens’ dissatisfaction or satisfaction," Klaus noted.

The president said he believes the current cabinet is so heterogeneous as to be unstable. Moreover, it holds only a slender majority. "The opposition is negative and unconvincing. It is not offering realistic solutions to problems," the president added.

As has become traditional, Klaus criticized the European Union in his speech. In his view, the economy is being held back by the amount of regulations being created by Czechs themselves as a result of EU directives. "What we are inventing for ourselves stands on the powerful basis of the broadest possible range of required European norms and rules, which often do not have much to do with either a healthy market environment or with common sense," said Klaus.

In conclusion, the president stressed the necessity of a return to traditional values. On the occasion of the 20th anniversary of the founding of an independent Czech Republic he then declared a partial amnesty for prisoners.

Czech PM Petr Nečas: The speech was statesmanlike

Czech PM Petr Nečas (ODS) expressed appreciation for the New Year’s Day speech. "It’s an economic and political analysis based on firm values and realistic elements of optimism," Nečas said. He appreciated the fact that the president defended parliamentary democracy and spoke out against populists doing their best to score political points through eye-catching, superficial slogans. "I value the fact that he brought up respect for work and traditional values," Nečas said.

While the speech was critical, Nečas also said it included elements which could be read positively. He accepted the president’s evaluation of the government as "unstable" as a realistic assessment. "I believe the government will show that it can take positive steps. I am convinced that we have taken such steps in the past even though they were not popular. At the same time, however, they were necessary because we can only develop in the right direction with healthy public finances. During the next cabinet session we want to concentrate on supporting economic growth," he declared.

The PM also expressed the wish that his government would resolve the coalition’s problems in the new year, issues which exploded with full force just before Christmas over the removal of Czech Defense Minister Peake. "So far we have always reached agreement and compromise," he added.

Klaus declares partial amnesty on the occasion of the 20th anniversary of an independent Czech Republic

At the close of his speech, President Klaus announced a partial amnesty of prisoners on the occasion of the 20th anniversary of the creation of an independent Czech Republic. The amnesty takes effect on 2 January and has been co-signed by Czech Prime Minister Petr Nečas. Those whom it concerns will be released from prison on Wednesday, 2 January.

The amnesty excuses people from serving time for several kinds of sentences (either conditional or unconditional) and halts several criminal prosecutions. The Czech Press Agency has a copy of the text of the amnesty.

The president’s decision excuses all unconditional sentences of one year or less, as well as several longer conditional sentences. For elderly convicts, some of the excused sentences may even be as long as 10 years.

The president is the only person in the country who can grant amnesties. Article 63 letter k) of the Constitution of the Czech Republic states that "the right to grant amnesties" is one of the powers of the head of state. It is among those powers granted to the president by the Constitution which must be co-signed by the prime minister.

The prison services immediately began intensive work to prepare the prisoners’ release. All concerned should be set free tomorrow.

The amnesty is the first announced since Klaus took office as president. During his first term he stated that he believed presidents should not correct the judicial system through amnesties or pardons.

Klaus is excusing convicts from several unconditional prison sentences which have not yet been served, provided they were handed down by the end of last year and did not exceed one year in length. Convicts who will turn 75 years old this year and whose sentences do not exceed 10 years will also be excused from any unconditional prison sentences which have not yet been served.

Klaus has also instructed that all unresolved criminal prosecutions that were begun eight or more years ago be halted as of 1 January. The instructions concern felonies for which the criminal code establishes a prison sentence of 10 years or less. Criminal prosecutions of fugitives are the exception.

The head of state also excused the serving of unconditional prison sentences or the remainder of such sentences where the sentence does not exceed 24 months and was not handed down for a crime resulting in death or grievous bodily harm, a crime against health and life, a crime against human dignity in the sexual arena, or a crime against families and children. Convicts turning 70 this year will have unconditional sentences or remainders of their sentences forgiven as long as their sentences were for three years or less. The president also forgave conditional sentences for persons turning 70 this year. The amnesty also covers community service work sentences that have not yet been served, as well as sentences for house arrest that have not yet been served.

The president’s predecessor, Václav Havel, announced a total of three prisoner amnesties while heading post-1989 Czechoslovakia and then the independent Czech Republic.The greatest amnesty in the country’s postwar history was his first, which took place immediately in January 1990. On the basis of that amnesty, around 23 000 people left Czechoslovak prisons at the time, or roughly two-thirds of a total of 31 000 prisoners.

Critics of this step mainly blamed Havel for the fact that many of those amnestied had nowhere to go. They filled up bus and train stations and reportedly caused a significant rise in crime.

Prison officials have begun investigating which convicts are covered

The prison services have begun to immediately investigate which prisoners are affected by the partial amnesty. Marian Prokeš, First Deputy Director of the Prison Services, told the Czech Press Agency that since the decision takes effect on 2 January, the prisoners must be released then.

Prisons are now determining how many people will be affected by the president’s decision.

"We are convening the heads of the relevant departments, this work will take us all night at the very least. We must generate a list of those covered by the amnesty who will be released on Wednesday," Prokeš said. There are currently roughly 23 000 prisoners in the Czech Republic.

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