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Protection of Human Rights at International Organizations - only a Fiction? - part IV
by Frantisek Brychta
2014-03-03 11:08:48
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“Protection of Human Rights at International Organizations – only a Fiction”?
(part IV. – The Case of Ing. Jiří Fiala).


This article is a follow-up of the previous articles with the same title “Protection of Human Rights at International Organizations” – only a Fiction”? My last article can be found on the website http://www.ovimagazine.com/art/4023

These articles deal with difficulties linked to enforcing human rights at institutions established for their protection.

First of all, I would like to say that I can properly support the statements and facts mentioned in my articles by means of written documents.

czech01_400This article refers to the Strasbourg-basedEuropean Court of Human Rights (hereinafter referred to as “ECHR”) where I provide further evidence confirming that in fact, this court offers nothing new nor does it help to protect human rights. In the Czech Republic, it has a reputation of “Potemkin’s village” (see articles called “ECHR Strasbourg” – Only another Potemkin’s village?”)  available on:

http://ejustice.cz/strasbursky-soud-jenom-dalsi-potemkinova-vesnice-1dil http://www.ejustice.cz/strasbursky-soud-jenom-dalsi-potemkinova-vesnice-2-dil


The case of ing. Jiří Fiala

The case of ing. Jiří Fiala shows that the Strasbourg-based ECHR does not have any authority in the Czech Republic – courts in the Czech Republic do not take account of judgements of this court. This fact is proven by the article with the title “PRÁVO: Když někdo zlobí, musí dostat za uši!” (RIGHT: When someone misbehaves, he gets his ears boxed!) – available on:


The article says: “The case of ing. Jiří Fiala, who divorced his wife and agreed with her on the joint custody of their sons, has been pending before our courts since 2000. Since his ex-wife, a mother of their children, prevented him from sharing in their upbringing immediately afterwards, he started to solve disputed matters by legal means.

Describing this eleven-year anabasis when the citizen enforcing his rights suddenly finds himself in the role of the accused would be like writing a novel, contemporary science fiction or non-fiction book. Though, in July 2006, the European Court of Human Rights announced its definite verdict in the case of “Jiří Fiala versus the Czech Republic“ which is: the civil rights of the Czech Republic in the case of ing. Jiří Fiala are seriously violated by the Czech state, i.e. in three articles of the Convention for the Protection of Human Rights and Fundamental Freedoms – it was ratified by the Czech Republic. It concerns the following articles:

* breaking the right to a fair trial,

* breaking the right to respect for private and family life,

* breaking the right to an effective remedy.

Well, the citizen Jiří Fiala (*1963) paid the tax amounting to 15,000 CZK per month to the state and his state was not able to ensure a fair trial nor family life, which he had happily lived till the time of pronouncing a verdict, nor to protect his fundamental rights by means of its extensive state apparatus.

His case is far from being the only case, and therefore, already in 2004, the civil association K213 (do not confuse with K231!) was established with the only, officially defined purpose – deleting the section 213 (in the new criminal code under number 196) from the Criminal Code of the Czech Republic. Ing. Jiří Fiala became its chairman. Almost 11,000 people are sentenced according to this section every year!

With his perfect knowledge and many years’ experience with the work of justice, our courts and our legal system, the citizen Fiala has become a thorn in the side of state bodies, and his life cannot be called anything other than the state of permanent and targeted persecution – probably a reprisal for the shameful defeat before the international court.

In recent years there has been an increase in the number of similarly affected fathers (K213 has more than 500 members) who protest with their motto “Tátové k dětem, ne do vězení” (daddies back to their children, not in jail) at every opportunity and write very detailed articles about individual cases and especially about the apt case of their chairman on their websites.

As a member of the Masaryk Society, the Masaryk Democratic Movement, I cannot help but mention the idea of TGM which he expressed about the family and its role in society in his considerations: “As for the family, I would say that these days, it is not about a mother but about a father. And what is missing in our family – especially our Czech family at home, it is the father…”

Why is ing. Jiří Fiala in jail at present? He had already been assaulted by police on his way to lunch or train before, national warrants had been issued for his arrest and he had been repeatedly taken into custody and placed in various detention facilities (and subsequently released). For the last time, he was sentenced for alleged acts of violence against an official (cops who attacked him after he had left the court house); the senators Jiří Čunek and Jaromír Štětina visited him independently in jail. They both also attended the trial which was held before the District Court for Prague 10 on 8 June 2011.

Another trial took place again in the Palace of Justice na Míčánkách on Monday on 18 July, however, all present participants, who had crowded in the court room, witnessed an unbelievable, unprecedented and absurd show. Everybody had to undergo an obligatory control at the entrance to the court house and then again several times (always when the trial was interrupted and they were forced to leave the court room), snacks and bottles with drinks brought by them were seized, there were 14 (in words fourteen!) armed policemen whose task was to ensure the safety (of court, citizens, of whom primarily?) in the court room whereas the highest one of them answered to some objections: “When someone misbehaves, he gets his ears boxed!”.

Other armed men – prison guards – brought the sentenced ing. Jiří Fiala, who lost 25 kg in the past weeks, in handcuffs. Nevertheless, he again objected to the prejudice of the judge, who continued to lecture him to keep to the “point”, with unbelievable determination. In the meantime, witnesses suggested by the defender were forced to leave the court room, they were followed by one of the present citizens (“in a grey T-shirt”) who was asked to leave the court room for interrupting the course of the trial, another present person had to hand in a miniature video recording device in the form of a pencil (a prohibition to record was issued before), which was returned to him at the very end of the trial. He asked for examining the device since he had not recorded anything yet and respected the order of the judge that video recordings are not allowed. His identity was proven and everything was recorded.

The questions of the accused (when will be the note of judgement delivered to me, how can I give evidence without reading it? Forty days passed out and I have not received its copy yet… ) and the answers of the judge: “To the point, you are here to testify and not to accuse the court, do not call me with my surname, you are obliged to call me Mr. Judge or Mr. President – you are an imprisoned person, so behave accordingly….. Are you questioning the court, no, we are questioning you!” were recorded.

The accused again repeats: “What was the aim of the last repression by the police? This trial shows many defects, why is not the attending state attorney also wearing her nameplate when my name is repeatedly mentioned here, everybody knows almost everything about me. How can I talk to the point when I am constantly interrupted by you, I ask other members of the tribunal to instruct you, Mr. President.” Another serious objection is followed by the judge’s call from the court room directly to the president for Prague 10 in order to inform him that the accused asks for performing an alcohol or drug test of the judge, then, the judge declares that the chairman has taken it into account and will solve it, but, now, we continue the proceeding…

The expert witness enters to comment on the cop’s injuries from the skirmish with the accused and whose sick leave has lasted for weeks?!? From the video recording of this skirmish, it is not possible to exactly determine how the whole incident happened, it was made from the distance.

Thank you, Mr. expert witness, you will be paid (“for how many hours do you require to be paid”) six times 350 CZK per hour, i.e. 2,100 crowns. You can leave.

After another break (announced ten minutes prolonged to less than an hour), the defender takes the floor, he mentions five significant objections, among other things, he asks the court for granting the right of free defence to the accused, his financial situation is critical… Without studying the file, he was not able to prepare, and therefore, he suggested to postpone the date of the hearing…

And it happened: this absurd theatre, which may not had been seen by Václav Havel under the previous regime, will continue on 31 August at 13:00. I beg your pardon that I could not go into all details, the trial lasted with breaks from 9:00 to 12:20, mountains of paperwork in front of everybody, as it is at the courts.

The statements by fathers during breaks some of whom are put on trial while being at liberty and others served “their time” in prison were also noteworthy. They arrived from many places of the republic. The words: “We, citizens, are the state, we are the ones who should be protected by a democratic and legal state, but for now, the state is represented by enforcement agencies, policemen, judges, government and other officials whose numbers are ever-growing…”

Other statements regarding the obvious contempt for rights of citizens and violation of fundamental decisions of the Supreme Court and of the Constitutional Court, which seem to be ignored or interpreted by lower courts as they like it.

Why so many cops? Answer: Everything is within the competence of court guards. Ask the president of the court…” “The accused has not obtained the note of verdict for so many weeks, after all, it is an execution without any sentence, these are the 1950s of communist terror…” One could hear many strong and tough statements here… Why is there so little or nothing written about similar trials, why are not they filmed by televisions?

Five years after the announcement of the Strasbourg verdict and this absurd life keeps on moving? The public is apathetic, ignorant, unconcerned, employed, exhausted and does not believe in the government, parliament, its representative who have disappointed them for many times.”,


The case of ing. Jiří Fiala is the proof that the Czech courts do not take account of the verdicts of the  Strasbourg-basedECHR. The Strasbourg-based ECHR is therefore a useless institution which does not factually bring any benefits and does not help to protect human rights in the Czech Republic.

Considerable financial funds gained from taxpayers are spent on the work of this Potemkin’s village. These financial funds could be used somewhere else.


Part I - Part II - Part III - Part IV -

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