Czech Supreme Court receives two extraordinary appeals, complaint in Barkoci case

The Czech Supreme Court is beginning its review of the case of Martin Barkoci, a member of the Roma minority and former police officer who has been serving three years in prison for allegedly covering up a violent incident. During the past few days, Supreme Court justices have taken over the case file, Barkoci’s extraordinary appeal, the state prosecutor’s extraordinary appeal, and a complaint filed on behalf of Barkoci by Czech Justice Minister Daniela Kovarova, who also recently suspended Barkoci’s sentence. Court spokesperson Petr Knotig confirmed the court’s receipt of the Barkoci case documentation to the Czech Press Agency.

The justices will evidently combine all three of these motions into one proceeding. Even though the Supreme Court does not conduct public trials in the vast majority of cases, it is probable that the Barkoci case will be discussed in open session. “Complaints such as these are usually heard publicly,” Knotig confirmed.

Barkoci was accused of abusing his role as a police officer to cover up violence committed by two Romani men against a non-Romani man who later turned out to be an informant with the Organized Crime Investigation Unit. Barkoci insists he is innocent. The Plzen Regional Court first sentenced him to four years in prison, but the High Court in Prague reduced the sentence to three years and struck down the section of the verdict that found for racial motivation.

In her complaint, the Justice Minister proposes both verdicts be overturned in the sections that concern Barkoci (not the other convicts) due to doubts in the case. In his extraordinary appeal, Barkoci’s attorney objects that the courts gave the wrong legal categorization to the facts of the case. “According to the extraordinary appeal, Barkoci’s procedure as a police officer was standard and showed no signs of criminal behavior,” Knotig said.

The extraordinary appeal filed by the state prosecutor argues the opposite position, claiming that Barkoci’s sentencing was disporpotionately mild. It is impossible to predict how long the court will take to reach a verdict.

The case occurred in December 2007 in the town of Ostrov in the Karlovy Vary region. According to the prosecution, two Romani men, Julius Horvath and Milan Pacan, attacked a 35-year-old non-Romani man, allegedly striking him several times in the face and chest with a shovel handle. The alleged victim said they shouted racist insults during the attack.

Barkoci, who arrived at the scene as a police officer, allegedly said to the victim: “They should have killed you here. Be careful what you say when you testify.” The prosecution claims the start of the police investigation was delayed for several months due to Barkoci’s intimidation. Barkoci is also alleged to have attempted to influence the alleged victim during his deposition.

The appeals court sentenced Horvath to 2.5 years and Pacan to three years in prison for attempted battery and rioting. The men are alleged to have caused the victim serious injury. The court sent Barkoci behind bars for abusing his powers as a public official and for intimidation, and he began serving prison time last October. People signed a petition against his conviction in Karlovy Vary and Ostrov, where the former police officer is from.