Former Czechoslovak Interior Minister Vratislav Vajnar faced charges of abuse of official authority. As this offense is considered particularly serious, the court could sentence Vajnar to imprisonment for up to 10 years. However, Vajnar did not live to see the outcome of the criminal proceedings, as he passed away at the age of 92.

Before 1989, several Czechoslovak residents were killed or injured in failed attempts to emigrate from the country. Although Czechoslovakia was already one of the contracting parties to the International Covenant on Civil and Political Rights (hereinafter “the ICCPR”) [1], the communist regime used all means to prevent people from leaving the country freely. Thus, fundamental human rights under the ICCPR were systematically violated. 

In September 2017, the Platform of European Memory and Conscience [2] filed a notification of suspicion of a criminal offense against 17 members of the Bureau of the Central Committee of the Communist Party of Czechoslovakia. This action was taken because these members had kept in force the regulations allowing the Border Guard to take action against such persons, potentially leading to their deaths.Subsequently, in November 2019, the Office for Documentation and Investigation of Crimes against Communism launched a criminal prosecution of former members of the Communist Party of the Czechoslovak Communist Party, namely Miloš Jakeš [3], Lubomír Štrougal [4], František Kinc [5] and Jan Fojtík [6].

Similarly to Vajnar, the prosecution was discontinued due to the deaths of Miloš Jakeš and Lubomír Štrougal. In the cases of the accused, Kinc and Fojtík, the prosecution was halted due to a deterioration in their mental health."

The course of Vajnar´s prosecution

In September 2020 District State Prosecutor's Office for Prague 1 (hereinafter “District State Prosecutor's Office”) halted the prosecution of Vajnar due to the mental illness from which the accused suffers. Although the District State Prosecutor's Office and Štrougal admitted joint responsibility for the crime under Section 329 of the Criminal Code [7], due to the inability of the accused to understand the meaning of the criminal proceedings, it ceased to prosecute the accused.

However, the wounded opposed the dismissal of the prosecution, and the victims' survivors filed a complaint with the Constitutional Court. The complainants described the forensic experts who prepared the report on the defendant's mental state as biased due to their party affiliations and career histories, a claim that the Constitutional Court later upheld. In November 2021, the Court found a violation of the right to an effective investigation related to the right to life (Article 6 of the Charter of Fundamental Rights and Freedoms), leading to the reopening of the criminal prosecution.

The District Court for Prague 1 set a court hearing for April 25 and May 24, 2023. This marks a significant milestone, as no similar case concerning transitional justice has previously reached this advanced stage in the criminal proceedings. The survivors viewed the criminal proceedings as serving the interests of society as a whole. The Constitutional Court echoed this sentiment in its earlier judgment, stating that the core of a criminal case encompasses the broader question of the legality and legitimacy of the border protection regime enforced by the armed forces during the non-democratic regime."

Nevertheless, Vajnar was unable to attend the scheduled hearing due to health issues. Shortly thereafter, in June 2023, he passed away from health complications. As prosecuting a deceased individual is not legally permissible, the prosecutor discontinued the prosecution.

Miroslav Lehký, a former investigator with the Office for Documentation and Investigation of Crimes of Communism (ODI), recognizes the investigation of crimes of communism as problematic. He believes that there are still former members of the Communist Party who should face punishment. As time goes on, it raises the question of whether justice for the deaths at the Czechoslovak border will ever be achieved.

 

Notes

[1] The International Covenant on Civil and Political Rights was effective for Czechoslovakia from 23 March 1976.

[2] The Platform of European Memory and Conscience is a non-governmental, non-profit organization operating at the international level, and among its main objectives is to raise awareness of the crimes committed by totalitarian regimes to promote human rights rights and dignity. The Platform's website: is www.memoryandconscience.eu/.

[3] Miloš Jakeš was Secretary General of the Central Committee of the Communist Party of the Czech Republic from 1987 to 1989.

[4] Lubomír Štrougal served as Minister of the Interior (1961-1965) and later as Prime Minister of the Czechoslovak Socialist Republic (1970-1988).

[5] František Kincl served as Minister of the Interior of the Czechoslovak Socialist Republic between 1988 and 1989.

[6] Jan Fojtík is the former Secretary of the Central Committee of the Communist Party of Czechoslovakia (1971-1989).

[7] This is a criminal offense of abuse of authority of an official.

Sources

CTK. The Constitutional Court has rejected a complaint against the suspension of the prosecution of the communist Fojtík. Czech News, 4 March 2023 (https://www.ceskenoviny.cz/zpravy/ustavni-soud-odmitl-stiznost-proti-za…- -stihani-komunisty-fojtika/2334165)

Hrbáček, J. (2022, July 4). Psychiatric evaluations of Strougal and Vaynar were delayed due to border deaths. Czech justice. Retrieved from https://www.ceska-justice.cz/2022/07/ psychiatric-judgments-on-strougal-and-vajnar-qualified-by-deaths-on-the-border-are-getting-delayed/. 

Hrbáček, J. (2023, February 18). Communist ex-premier Strougal died before the Constitutional Court could rule on his impeachment case. Czech Justice. Retrieved from https://www.ceska-justice. cz/2023/02/komunisticky-expremier-strougal-died-before- -in-the-case-of-his-impeachment-stihl-rozhodnout-ustavni-soud/. 

Hrbacek, J. (2023, March 9). Communist ex-interior minister to stand trial over Czechoslovak border deaths. Czech justice. Retrieved from https://www.ceska-justice.cz/2023/03/ communist-ex-minister-of-interior-will-stand-be-before-court-for-deaths-on-ceskoslovak-borders/.

Judgment of the Constitutional Court, no. II ÚS 1886/21., dated 14 May 2021.

OHCHR. International Covenant on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights (OHCHR), 23. March 1976. Retrieved from https://www.ohchr.org/en/instruments--mechanisms/instruments/internatio….

Platform of European memory and conscience. Retrieved from https://www.memoryandconscience.eu/about-the-platfor/about-the-platform/.

Schröderová, S. (2023, June 20). Communist Interior Minister Vajnar died. He was facing charges over border guards' crackdowns in the 1980s. Retrieved from https://ct24.ceskatelevize.cz/clanek/domaci/zemrel-komunisticky-ministr….

Photo

State borders in the former Czechoslovakia. Barbed wire on the wall of the Old City of Jerusalem (12394210823) (2), by askii, 1 December 2013, source: Wikimedia Commons, CC-BY-SA-2.0 DEED.