Dokument #1302998
IRB – Immigration and Refugee Board of Canada (Autor)
1) For an overview regarding the situation
for dissidents in Czechoslovakia, please consult the attached
excerpts from the Helsinki Watch publication, Human Rights in
Czechoslovakia, the Amnesty International report for 1988, and
the U.S. Department of State's Country Reports on Human Rights
Practices for 1988. The attached article from The Globe and
Mail is typical of the news reports emanating from
Czechoslovakia.
2)
An Amnesty International document, The
Imprisonment of Persons Seeking to Leave a Country or to Return to
Their Own Country, states the following:
Article 109 of the penal code of the
Czechoslovak Socialist Republic (CSSR) provides: "Whoever leaves
the territory of the Republic without permission shall be punished
by imprisonment for a term of six months to five years, by
reformatory measure or by forfeiture of property". Paragraph 2
states that "the same punishment shall be imposed on a Czechoslovak
citizen who stays abroad without permission. Paragraph 3 of the
same article imposes penalties of imprisonment of three to ten
years for certain other acts including organizing the acts in
paragraph 1 and 2 or taking across a frontier a group of persons
who are leaving without permission. [Amnesty International, The
Imprisonment of Persons Seeking to Leave a Country or to Return to
Their Own Country (London: Amnesty International, 1986), p.
7.]
Official Czechoslovak government statistics
indicate that about 450 people are imprisoned annually for offenses
under Article 109. [, Amnesty International Report 1988
(London: Amnesty International, 1988), p. 197.] Details of most
cases tried under this article are not available. [Ibid.]
Some of them do, however, come to the attention of Amnesty
International. In one instance, a man was imprisoned following his
attempt to swim the Danube from Czechoslovakia to Hungary. Charged
under Article 109, he received a sentence of two years and three
months. [Op. cit., Amnesty International (1986), p.
8] Another man was sentenced, in August 1979, to one year in jail
for a similar offence. [Amnesty International, Amnesty
International Briefing: Czechoslovakia (London: Amnesty
International, 1981), p. 9.] Perhaps the extent to which the
Article is applied is best illustrated by the case of Diamkos
Zigouris. Charged and sentenced in absentia after he left
the CSSR in 1974 to take up residence in the Federal Republic of
Germany, Zigouris was arrested in 1984 while travelling in
Czechoslovakia on a Greek passport with a valid Czech entry visa.
He was required to serve the sentence originally imposed upon him
in 1976 for violating Article 109. [Op. cit., Amnesty
International (1986), p. 8.]
An amnesty declared in May 1985 to
celebrate the 40th anniversary of the end of World War II
specifically exempted the criminal offence of illegal departure.
[Ibid.] Conversely, an general amnesty was announced 27
October 1988 for persons convicted of leaving the country without
permission. [U.S Department of State, Country Reports on Human
Rights Practices for 1988 (Washington: U.S. Government Printing
Office, 1989), p. 1027.] However, the Department of External
Affairs warns that this amnesty was not a "blanket" amnesty; the
conditions were very limited. External remains very sceptical about
the harmonization of Czech law and practice on this account.
Consequently, Czechoslovakians resident in Canada should be wary.
In essence, the usual punishments are being meted out to those who
violate the penal code articles on illegal exit. The Department
further comments to the effect that Czechoslovakia does not
encourage its former citizens who are residents abroad to return,
unlike other socialist countries.
3) The attached excerpts from the United
Nations document Conscientious Objection to Military
Service, dated 1985, state that a conscientious objector, a
member of the Czech dissident group Charter 77, was sentenced by a
military court in June 1981. This document further states that the
penalty applied to cases of conscientious objection is 2 to 10
years imprisonment. According to the Amnesty International report
Conscientious Objection to Military Service, those who
refuse to perform the compulsory military service may be imprisoned
for up to 10 years, depending on the article under which they are
convicted. [Amnesty International, Conscientious Objection to
Military Service, (London: Amnesty International International
Secretariat, 1988), p. 6.] Please see the attached excerpts from
the Amnesty International document for further details.
ATTACHMENTS
Amnesty International.
Conscientious Objection to Military Service. London: Amnesty
International International Secretariat, 1988. 5-6.
. Amnesty International Report
1988. London: Amnesty International Publications, 1988.
196-198.
International Helsinki Federation for
Human Rights. Human Rights in Czechoslovakia 1988. Vienna:
International Helsinki Federation for Human Rights, 1989. 6-34.
United Nations. Conscientious
Objection to Military Service. New York: United Nations, 1985.
25,28.
U.S. Department of State. Country
Reports on Human Rights Practices for 1988. Washington: U.S.
Government Printing Office, 1989. 1017-1030.
"7 activists convicted in
Czechoslovakia", The Globe and Mail. 23 February 1989.
N8.