BRNO/CZECH REPUBLIC - The non-parliamentary Communist Party of Czechoslovakia (KSČ) has proposed to the Constitutional Court (ÚS) that it abolish a section of the criminal code that allows for the punishment of the promotion of communism. According to the party, which claims to be inspired by the legacy of pre-November communists, this constitutes an unjustified infringement on political rights and freedoms. The party submitted the proposal on November 17, the anniversary of the Velvet Revolution.

The proposal specifically concerns the criminal offense of establishing, supporting, and promoting movements aimed at suppressing human rights and freedoms. Currently, the paragraph is worded more generally. From January 1st of next year, it will explicitly mention Nazism and communism. Anyone who establishes, supports, or promotes Nazi, communist, or other movements that demonstrably aim to suppress human rights and freedoms, or who espouses racial or class hatred, may be sentenced to up to five years in prison. The KSČ proposes removing the words "or" and "communist" from the amended version of the law.

“Such a broad interpretation seriously undermines the very essence of freedom of expression and political pluralism, which are the foundation of a democratic legal state,” the proposal states, according to Kamila Abbasi, a spokesperson for the court. "The disputed phrase 'or communist' is formulated too broadly, vaguely, and without connection to genuinely dangerous extremist behavior. This leads to the criminalization of historical political ideas and legitimate political positions," said Roman Blaško on the Facebook page K.munismus zvítězí. Blaško, who is listed as the general secretary of the KSČ's central committee since 2022, added this comment.

The new member of the Constitutional Court, Martin Smolek, has been appointed as the reporting judge. The decision will be made by the plenary session, consisting of all the constitutional judges. However, it remains to be seen whether they will actually consider the proposal on its merits. According to the law on the Constitutional Court, only the president and groups of members of parliament or senators can directly propose the repeal of legal provisions. Under specific circumstances, courts or other proponents can also propose repeals, but not political parties.

Representatives of the non-parliamentary KSČ appeared on the candidate lists of the Stačilo! movement in the last parliamentary elections, as did members of the Communist Party of Bohemia and Moravia (KSČM), which had a stable representation in the Chamber of Deputies until 2021. However, the Stačilo! movement did not exceed the five percent threshold.

The KSČM also disagreed with the proposed amendment to the law. "The KSČM strongly rejects this proposed amendment to the criminal code and considers it to be opportunistic and discriminatory. By repeatedly and previously rejected attempts to put the KSČM outside the law, the proposers want to please the remaining part of their voters and intimidate anyone who criticizes the current regime," the KSČM stated in May on its website.

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