LAW: “Positively” rated judge or a disgrace to the Czech justice system?

LAW: “Positively” rated judge or a disgrace to the Czech justice system?
LAW: “Positively” rated judge or a disgrace to the Czech justice system?

The decision of the Minister of Justice JUDr. Not to appoint Pavel Blažek as the new vice-president for the criminal division of the Regional Court in Brno, judge Mgr. Aleš Novotný. One of Minister Blažek’s arguments was the fact that a number of decisions of the 46 T Senate, whose chairman is the proposed vice-chairman of the court Mgr. Aleš Novotný, was annulled by the higher courts as illegal and therefore the state, represented by the Ministry of Justice, had to pay the injured persons compensation from the defendants of approximately 468 million crowns, for the time being approximately 4 million crowns, for its illegal decisions. And it is not a final amount, because some compensation proceedings under Act No. 82/1998 Coll. are still ongoing.

In 2020, the then chairman of the Regional Court in Brno, JUDr. Milan Bořek reproached the judge Novotný for not being able to prepare a written judgment even in 19 months and repeatedly requesting an extension of the deadline for its written preparation.

A number of surprising reactions from pressure groups, including professional ones, such as the Union of Judges or the Union of State Attorneys, have emerged. which argued that it was allegedly an interference with the independence of the judiciary, that no disciplinary proceedings were conducted against Judge Novotný for his illegal decisions, and that all the decisions mentioned by the minister were made by the senate and the senate’s vote is secret. Therefore, the minister cannot know how the judge in question voted.

It was only in response to the publication of information about the reprimanding of judge Aleš Novotný in 2020 that the president of the Union of Judges hesitantly began to moderate his previous public statement. It is said that if the Union of Judges had known this earlier, then it would not have criticized the minister for his decision.

Then, of course, the question is why the Union of Judges interferes in the decision of the Minister of Justice and criticizes him for a decision for which he does not know the exact reasons. The right to be appointed as a court functionary (i.e. the chairman or deputy chairman of the court) is not a basic human right, in fact there is no legal right to it under the law at all. According to a series of decisions of the Constitutional Court, judicial power is traditionally divided into the jurisdictional component (which includes the decision-making of judges) and the administrative component (which ensures the administration and operation of justice). Therefore, the decision not to appoint the proposed judge to the post of vice-president of the court does not in any way threaten the independence of the judiciary and does not interfere with its independence in any way.

On the contrary, these loudmouths from the Union of Judges and the Union of State Attorneys interfere much more with the independence of the judiciary.

And by the way, why did the Union of Public Prosecutors also join the loud cry? As if her other past public statements, which are considered, were not enough. Does it bother the Union of State Attorneys that the minister criticized the judge Aleš Novotný, who repeatedly delayed the indictment and did not respect the rulings of the Constitutional Court, according to which criminal courts may not be assistants to public prosecution authorities and are obliged to discuss and decide cases completely impartially?

If no disciplinary proceedings have yet been conducted against Judge Aleš Novotný for illegal decisions, it is only because none of his predecessors submitted any such proposal to initiate one, and currently his disciplinary liability has already expired.

And when it comes to the money paid by the state to injured participants in criminal proceedings for illegal decisions issued by the 46 T Senate under the leadership of judge Aleš Novotný, then this money comes from the money of taxpayers, i.e. all (earningly active) citizens of this state.

Although the state has according to Act No. 82/1998 Coll. the possibility of recovering damages from officials who caused the damage, however, only up to four and a half times the monthly salary, and in the case of judges and prosecutors, only on the condition that their guilt has been definitively decided in disciplinary proceedings.

Such a condition is in practice unfulfillable, because disciplinary motions are not filed against judges or public prosecutors for their illegal actions, and if this has already happened quite exceptionally (with two public prosecutors in the “Postoloprty” case), in the meantime the disciplinary liability has become time-barred (see the decision of the Supreme Administrative Court in a disciplinary case File No. 12 Ksz 7/2019).

After all, the state does not use this option to claim retroactive compensation at all and literally wastes money from the public budget, i.e. money from taxpayers.

And also the claim that no one can know which member of the senate under the leadership of Aleš Novotný votes, represents a mere appearance and an illusion for the lay public. Associate judges in senate cases are persons from other professions or retirees, i.e. never professional judges. This also corresponds to the level of their legal awareness (or rather unconsciousness), when they are usually passively present behind the judge’s chair in the courtroom, only “in number”, but otherwise do not show any activity during the hearing, and usually do not even pretend to be genuinely interested in the matter under discussion. It is not unusual for him to sleep during the proceedings in the boardroom.

According to the contributions of our former colleague and member who monitored the various extraordinary meetings of the 46 T panel, in the last seven years (!!) none of the judges has ever asked any of the questioned persons any question during the meeting. On the contrary, it was the chairman of the senate Mgr. Aleš Novotný, who defended his judgments, especially during their oral justification, very aggressively and often beyond the bounds of judicial ethics in such a way that it is impossible for him to be outvoted by his judges – ladies of advanced retirement age. Similar statements by pressure groups are completely detached from real reality and from personal knowledge of the work of the 46 T Senate, and are one of the examples of the dysfunction of the Czech justice system.

The Solomon Society monitored four riverssome extraordinary cases, which were decided by the 46 T panel under the leadership of the chairman Mgr. Aleš Novotný. We have reason to fear that these four monitored cases are only the tip of the iceberg. Therefore, we doubt that this is a coincidence – in fact, it could be not only units, but rather dozens of similar cases or even more.

Within the framework of objectivity and verifiability, we allow ourselves to describe the decision-making activity and quality of the work of the 46 T Senate under the leadership of its chairman Mgr. Aleš Novotný.

Case one

Ing. Alena Vitásková and Michaela Schneiderová The case of A. Vitásková, who was the senate of 46 T Mgr., is often mentioned in the media. Aleše Novotného was sentenced to 8.5 years of imprisonment unconditionally. In the same case, Michaela Schneiderová was also sentenced with finality, and she even spent more than 7 months in prison. Only subsequently were both ladies acquitted in full. The personal damage caused especially to M. Schneider, who as an innocent person was imprisoned for 7 months while serving her sentence and which had a major impact on her personal integrity, is practically financially incalculable. And that includes the many years of torture of another “sinister accused” Alena Vításková, even though she had the “luck in misfortune” that she narrowly missed serving an illegal prison sentence.

The second case – Jan Eliáš

Based on the judgment of the Senate 46 T also with the participation of the judge Mgr. Aleš Novotný, JE was sentenced six years after the crime to 13 years for the alleged murder. With the knowledge of the entire case, the file material and personal participation in the court proceedings, there is no doubt that the construction of the 46 T panel is worthy of a trial from the 1950s, but in the democratic legal state that the Czech Republic declares itself to be in Article 1 of the Constitution, the defendant JE cannot be considered as a kind of “class enemy” and treat him from the position of presumption of guilt. Despite these fatal flaws in the entire proceedings, JE spent more than 3.5 years in custody and serving his sentence, until only after the intervention of the Constitutional Court and subsequent decisions were all the sentences against JE canceled, his criminal prosecution was stopped and he was released. However, no one will give him back the three and a half years of his life spent in prison. And the fact that the perpetrator of this heinous crime is still running free is of no concern to anyone.

Case three

Martin Novak. In 2013, the senate condemned 46 T under the presidency of Mgr. Aleš Novotný was sentenced to 15.5 years in prison for attempted murder (which he was supposed to have committed by blocking another vehicle). Subsequently, the High Court in Olomouc, also on the basis of the proposal of the intervening public prosecutor, reclassified the crime and reduced the sentence by a hard-to-believable 9 years. Despite this fact, the defendant MN did not stop this situation, he did not accept this unfair and illegal sentence and before the decision on the extraordinary remedy at the Supreme Court and with the impending start of the sentence, he died of exhaustion (or controlled suicide). To this day, there are electronic traces in the public space that point to the fact that he did not get drunk on his own, but was taken away by a judge, who was none other than Mgr. Aleš Novotný. MN’s parents applied to the judge Mgr. Criminal charges against Aleš Novotný because, in their opinion, he imposed a senselessly and illegally high sentence and thereby drove their son to commit suicide. Of course, the initiative was not successful and judge Aleš Novotný continues to be irresponsible for the death of a young person.

Case Four –

“a policeman’s story” On December 23, 2021, the Solomon Society published “the story of a policeman”. Even with complete respect for the protection of the injured party’s rights, we can only state with regret that this case was also assessed (again strangely and illogically) by the 46 T panel chaired by Mgr. Aleš Novotný. In the media output of the president of the senate Mgr. Aleš Novotný’s statement is electronically recorded that (allegedly) “the recording was a key piece of evidence and the actions of the defendant can clearly be seen there”. Already today we can reveal that the Senate of Dormant Associate Members of Senate 46 T under the leadership of Mgr. Aleš Novotný was wrong again, because according to an expert opinion from the field of forensic biomechanics, the layman’s conclusions of the chairman of the senate Mgr. Aleš Novotný distorted and untrue. We will soon present evidence to the public that the key evidence was grossly manipulated and that the judge Mgr. Aleš Novotný failed again.

Therefore, we consider the decision of the Minister of Justice JUDr. Pavle Blažek as completely legitimate and correct.

In our opinion, even with the dysfunctional control mechanisms of the Czech justice system, which in reality do not work at all, Mgr. Based on his appalling decision-making activity, Aleš Novotný should not even have acted as a judge (let alone as a vice-president of the court).

In the four cases monitored by us alone, this judge sentenced three innocent people to draconian punishments and he has blood on his hands a young man who did not accept his cruel and exhibitionist judgment.

Unfortunately, even this is a realistic picture of the state (or rather dysfunction) of the current Czech justice system. A typical sign is the irresponsibility of specific judges and prosecutors, which motivates them not to think at all about the consequences of their illegal decisions and to “joyfully” hope for career advancement.

for the Solomon Society:

John Bok, Honorable Chairman

Václav Peričevič, chairman

JUDr. PhDr. Miroslav Špadrna, Ph.D., vice-chairman

M.Sc. Šimon Mach, vice-chairman

The article is in Czech

Tags: LAW Positively rated judge disgrace Czech justice system

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