Position of the Democratic Club NO. 43

On violations of constitutional and other laws by the Communist Party of Bohemia and Moravia.

In October 2008, the Senate of the Czech Republic approved a resolution confirming a suspicion that the Communist Party of Bohemia and Moravia is violating constitutional and other laws of the Czech Republic. The Senate also asked that the government request that the Administrative Court concerns itself with the matter.

The Senate justified its concern in 76 points, out of which, according to the opinion of the Democratic Club, point No.5 deserves a special attention. It points out that the vice chairman of the Prague committee of the KSCM, Josef Gottwald, stated publicly that the goal of the party is to create conditions for systemic and revolutionary change of the society. This statement which has not been repudiated by the leadership of the Communist party, represents without doubt a violation of the Paragraph 5 of the Czech Constitution, according to which “the political system is founded on free and voluntary creation and free competition of political parties that respect basic democratic principles and reject violence as a means to further its interest”.

Out of the other points mentioned in the Senate resolution, it is necessary to mention points 43 to 45 that draw attention to the fact that KSCM has not distanced itself from KSC, but considers itself its successor. By this admission, strengthened by KSCM identifying itself basically with the past totalitarian era and with its representatives, as well as with the relics of communism in Cuba, North Korea and Belarus, the Communist party of Bohemia and Moravia violates paragraphs 260 and 261 of the criminal code. These paragraphs forbid promotion of movements leading to suppression of human rights and freedoms.

The view that the KSCM is a successor of the KSC is also supported by the fact that when KSCM was created former members of KSC were automatically transferred to KSCM. The party also retained a major part of the assets of KSC. It also led a campaign against those members who left the party after 1989 as turncoats while the party itself actually formally “changed its coat”.

Even if the government could not legally transfer the resolution from the Senate to the Administrative Court without adding its own supporting material, the Democratic Club believes that the initiative of the Senate could be realized with a proper legal adjustment.