Czech Republic

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. 

Article 19 of the 1992 Charter provides as follows:

(1) The right of peaceful assembly is guaranteed.

(2) This right may be limited by law in the case of assemblies held in public places, if it concerns measures necessary in a democratic society for the protection of the rights and freedoms of others, public order, health, morals, property, or the security of the state. However, an assembly shall not be made to depend on the grant of permission by a public administrative authority.

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

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

Police conduct in the Czech Republic is regulated by the 2008 Police Act. The Act stipulates that the Czech police shall not use manifestly proportionate force.S. 53(5), 2008 Police Act.The Act does not lay down detailed rules specifically for the use of firearms in the terms international law requires. A broad range of scenarios are laid down for police use of weapons.See s. 58, 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 (2012)

In its judgment in this case, the European Court of Human Rights reiterated 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.

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