Constitutional Provisions

An integral component of the 1992 Constitution of the Czech Republic (Czechia) is the Charter of Fundamental Rights and Freedoms.Art. 3, 1992 Constitution of the Czech Republic.According to Article 6(1) of the Charter: "Everyone has the right to life." Paragraph 2 of the same article declares generally that "Nobody may be deprived of her life."Paragraph 4, however, stipulates that:

Deprivation of life is not inflicted in contravention of this Article if it occurs in connection with conduct which is not criminal under the law. 

Article 7(2) prohibits torture and other forms of cruel, inhuman, or degrading treatment or punishment. 

The 1992 Constitution does not address the police or other law enforcement agency.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR) State Party
ICCPR Optional Protocol 1 State Party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints Yes
CAT Optional Protocol 1 State Party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court State Party

Regional Treaties

Adherence to Regional Human Rights Treaties
1950 European Convention on Human Rights State Party

National Legislation

Police Use of Force

Police conduct in the Czech Republic is regulated by the 2008 Police Act.

Police Oversight

The Office of Internal Inspection conducts oversight of the Czech police.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2016 Concluding Observations on the Czech Republic, the Committee against Torture expressed its concern 

at reports that police and prison staff routinely and indiscriminately conduct strip-searches of persons held in police custody and in prison by asking them to fully undress and squat, in some cases in front of others.

Regional

Eremiášová and Pechová v. Czech Republic

In its judgment in this case, the European Court of Human Rights stated that where an individual is taken into police custody in good health and is found to be injured on release, it is incumbent on the State to provide a plausible explanation of how these injuries were caused. The authorities’ obligation to account for an individual in custody is particularly stringent where that individual dies. Indeed, in such cases strong presumptions of fact arise in respect of the death with the burden of proof potentially resting on the authorities to provide a satisfactory and convincing explanation beyond a reasonable doubt. 

National

There are no known instances of domestic prosecution of police officers for excessive or indiscriminate use of force in recent years.

Downloads

1992 Constitution of the Czech Republic

1992 Charter of Fundamental Rights and Freedoms

2008 Police Act of the Czech Republic

Committee against Torture Concluding Observations on the Czech Republic (2016)

Eremiášová and Pechová v. Czech Republic (2012)