Complaint against the Czech Republic in Strasbourg: constitutional judge warns of failures in case of five-year-old boy
A former constitutional judge has submitted a petition to the European Court of Human Rights concerning the Bertík case. He claims that Czech institutions may have violated his fundamental rights in resolving the child custody dispute.
Complaint against the Czech Republic in Strasbourg: constitutional judge warns of failures in case of five-year-old boy
Former constitutional judge Stanislav Balík has turned to the European Court of Human Rights in Strasbourg with a petition in which he alleges that Czech authorities made errors in resolving a dispute over a five-year-old boy. The case, which was triggered by the mother's concern about possible abuse of her son by his father, has been ongoing for over a year and a half.
In his complaint, Balík emphasises that domestic courts allowed key circumstances to remain unclear, yet created living conditions for the boy that could have lasting consequences. Since January of last year, the child has been living with his father and can meet his mother only on a restricted basis: two hours per week under supervision and once every two weeks for a weekend without overnight stays.
The original grounds for criminal proceedings stemmed from recordings in which the three-year-old boy spoke about sexual practices. However, police have so far reached no clear conclusion as to whether abuse occurred. State prosecutor Aleš Postupa acknowledges that expert examination of such a young child faces fundamental obstacles – contacted experts have refused to conduct an assessment citing bias or impracticability.
In the meantime, the courts have begun imposing sanctions on the mother. The District Court in Benešov imposed a probation sentence on her for failure to hand over her son to his father. The Prague Regional Court then awarded the father million-crown damages for public statements by the mother, in which she described him as a sexual predator.
Pavel Vosmanský, chairman of the District Court in Benešov, stated at one of the hearings that he would have to decide without an expert assessment. This position contrasts with his earlier statement that he would subject the boy to professional examination. The hearing was adjourned indefinitely.
The case has become the subject of wider debate about the functioning of Czech justice in contentious child custody disputes. Justice Minister Jeroným Tejc (ANO) acknowledged that the state should be able to authoritatively say whether abuse took place. Senator Hana Marvanová (ODS and TOP 09), however, points to a systemic problem: guardianship courts, in her view, often decide on the basis of impression rather than proper evidence.
Source: Seznam Zprávy
Source: Google News CZ — Crime (cs)