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10. 1. 2014 9:55

Ethics Commission Conclusion no. 1

Concerning the consequences of the implementation of Government Resolution No. 135 of 6 February 1958 and Government Resolution No. 256 of 14 March 1958

The Ethics Commission notes that, as a result of the adoption of Government Resolution No. 135 of 6 February 1958 and Government Resolution No. 256 of 14 March 1958, whose purpose was to “cleanse the state and economic apparatus of all politically unreliable elements and to prevent them from occupying other important posts” thousands of people suffered from political checks and purges, particularly through their dismissal, or forced resignation, from the state, or the public and economic sector.

However, the fact that the applicant for a certificate of a participant in anti-communist opposition and resistance in accordance with Section 6 paragraphs 1 and 2 of Act No. 262/2011 Coll., on the participants in anti-communist opposition and resistance, was the victim of political checks and purges in the state, or public and economic sector in connection with Government Resolution No. 135 of 6 February 1958 and Government Resolution No. 256 of 14 March 1958, or was affected by their consequence, does not in itself satisfy the conditions for anti-communist opposition and resistance in the individual forms pursuant to Section 3 of Act No. 262/2011 Coll.

Nevertheless, the Ethics Commission, in accordance with the Preamble to Act No. 262/2011 Coll., on the participants in anti-communist opposition and resistance, in which the Parliament of the Czech Republic expressed its “profound sorrow over the innocent victims of the communist regime’s terror”, expresses its regret that the communist regime harmed thousands of people who would undoubtedly have achieved great success in their professional and social lives in a different social and legal environment, which they could not achieve due to the situation at that time.

(Ethics Commission CR Decision of 11 June 2012, ref.no. 8792/2012-EKO)

The reasoning:

As its obiter dictum the Ethics Commission states that, from the time it took control, and in some cases even before, the communist regime repeatedly carried out purges of numbers of people who were involved in public life or in managing the economy. It is clear that the applicant was the victim of one of these purges, specifically from the implementation of Government Resolution No. 256/1958, whose purpose was to “cleanse the state and economic apparatus of all politically unreliable elements and to prevent them from occupying other important posts”. Given that there is no evidence that the applicant carried out other (additional) activities that would meet the characteristics of Section 3 of Act No. 262/2011 Coll., on the participants in anti-communist opposition and resistance, we can only, in accordance with the Preamble to Act No. 262/2011 Coll., on the participants in anti-communist opposition and resistance, in which the Parliament of the Czech Republic expressed its “profound sorrow over the innocent victims of the communist regime’s terror”, express our regret that the communist regime harmed thousands of people who would undoubtedly have achieved great success in their professional and social lives in a different social and legal environment, which they could not achieve due to the situation at that time; however it was not possible to satisfy the request of the Party to the proceedings.

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