Communist Party of Czechoslovakia challenged the criminality of promoting communism at the Constitutional Court: ‚This is a violation of freedom of expression‘

BRNO/ČR - The non-parliamentary Communist Party of Czechoslovakia (KSČ) has proposed to the Constitutional Court (ÚS) that it repeal the part of the Criminal Code that makes it possible to punish the promotion of communism. The party, which claims the legacy of the pre-November Communists in its name, says this is a disproportionate interference with political rights and freedoms. The party submitted the proposal on 17 November, the day that marked the start of the Velvet Revolution in 1989.

Specifically, the proposal refers to the crime of founding, supporting and promoting a movement aimed at suppressing human rights and freedoms. Now the section is drafted more generally, from 1 January next year it will explicitly appears mention of Nazism and Communism. Anyone who establishes, supports or promotes a Nazi, Communist or other movement that demonstrably aims to suppress human rights and freedoms or preaches racial or class hatred may be punished by up to five years in prison. The Communist Party proposed to delete the words „or“ and „communist“ from the amended text of the law.

„Such a broadly conceived intervention seriously undermines the very essence of freedom of expression and political pluralism, which is the foundation of a democratic state governed by the rule of law,“ the motion, which was provided to the Czech Press Agency by court spokesperson Kamila Abbasi, reads. „According to the party, the disputed phrase ‚or communist‘ is formulated too broadly, vaguely and without any link to truly dangerous extremist conduct. This criminalizes historic political ideas and legitimate political positions,“ the Facebook page K.munismus will be won by Roman Blaško, who, according to the Register of Political Parties and Movements, has been General Secretary of the Communist Party of Czechoslovakia's Central Committee since 2022.

Martin Smolek, a new member of the Constitutional Court, became the judge rapporteur. The decision should be made by the plenary, i.e. the body of all constitutional judges. However, it is questionable whether they will even deal with the proposal on its merits. According to the Constitutional Court Act, only the president and groups of MPs or senators can directly propose the repeal of legislation, and in specific circumstances the courts or other petitioners, but not political parties. Representatives of the non-parliamentary Communist Party of Bohemia and Moravia (KSČM), which had stable representation in the Chamber of Deputies until 2021, appeared on the candidates of the Stačilo! movement in the last parliamentary elections, as did members of the Communist Party of Bohemia and Moravia (KSČM).

The KSČM also disagreed with the change to the law. „The KSČM emphatically rejects such a proposal to amend the Criminal Code and considers it to be purposeful and discriminatory. With the repeated and repeatedly rejected by the public in the past efforts to outlaw the Communist Party of Czechoslovakia, the drafters want to please the rest of their voters and intimidate anyone who criticizes the current regime,“ the Communist Party of Czechoslovakia said in May on Web site.

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