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Council of Europe
Mr. Christos GIAKOUMOPOULOS
Director of the Office of
the Commissioner for Human Rights
S t r a s b o u r g, CEDEX
Piešťany, 15.05.2004 Ref.CDH 48/04.28.4.04
Dear Mr. Giakoumopoulos,
would you please render my acknowledgement for the standpoints contained in the communication in reply of our letter of 13.04.2004 addressed to Mr. Alvaro Gil-Robles, Commissioner for Human Rights. We would hereby like to present our opinion to the respective items.
Slovakia is a member of the European Union already.
We insist on our statement that no other law is valid'within the entire European Union than the Charter Law. The other law represents terror opposing to the law in the EU. Harmonisation of these laws with the accessing members should have been an unconditional requirement for accessing the EU.
Act No. 23/91 Coll. was adopted in the CSFR in 1990-1992, the constitutional and democratisation act according to which the Charter of Rights and Freedoms forms the base of the Constitution of the CSFR, CR and SR. Paragraph 6 reads: "... bring all the laws in harmony with the Charter by 31.12.1991, laws that fail to be reconciliated by the said date shall not be valid". Hence not a single pro-totalitarian act is valid both in the CR and SR. The said act is of a material importance and was meant to amend the "Rehabilitation Act No. 119/90, by virtue of authority, into a democratic form." This has never happened.
The basic defect - the schizophrenia - is rooted in provisions of the Act No. 119/90 stipulating that every prisoner is a civilian, i.e. also the totality objector kept in prison for a long time, a person hanged, is not considered an objector judged for sedition ace. to Chapter I of the Criminal Code, i.e. offences against the state and other non-democratic acts such as Acts No. 50/23, 231/48, 86/50, 140/61, 150/69 and other that were punished with severe punishments and about 300 citizens were hanged, many ruined by forced labour and terror in camps, prisons - number of imprisoned persons has been estimated to 200 - 300 thousand ! These seditionaries have political paragraphs, they are political prisoners but the 1990 nation's communist leaders did not conceded the status of objection to these people and the situation has not changes up to now. It is clear from the Act No. 119/90, par. 25 sec. 7, where for pension's purposes the
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definition is equal to the civil Act No. 100/88, i.e. a civilian,with no objection, no victims or losses is equal to person kept in prison for 15 years. They are entitled to the same retired pay. There is a dose of sadism in that.
It is clear from the aforementioned that all the jailors, destroyers and terrorists are the persons enjoying all the advantages of the "positive" citizens unlike the prisoners, who are "off the state". There is no mention about prisoners in any act, hence the "former people". The history is up-side-down, ORWELL was right.
Retired pay of a prisoner having served a 15 years' jail sentence is 2 - 3 times lower than the retired pay of the one who had beaten, judged, imprisoned and suffered no loss. A mere sadism.
We believe that the Commissioner for Human Rights competencies are broad-based and mainly when it has been proved that a court's actions are defective, not respecting the Charter Law. The Charter's position is superior.
We wrote a letter to Mr. L. Wildhaber, the President of the Court, Strasbourg, dated 16.10.2003. There was no response unfortunately. We do not trust in Ombudsman who was educated under totality ( law) We have got the third president - all of them are former communists. None of the prisoners, not even those who had been hanged, were" honoured with an award. It is a pure orientation against democracy.
Yours sincerely,
Emil Švec
Slovak Union of Political Prisoners and Persons Dragged Off/SZPVaO/
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Enclosures: Letter of 16.10.2003
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