Letter from the Home office of the Czech republic to the KSM

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Vytvořeno 20. 12. 2005

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"The Home Office therefore exhorts the KSM to stop the prohibited activity in terms of §4 of law No 83/1990 of Code of Laws and to inform the Home Office by December 31st 2005 regarding the steps carried out."

Home Office
Elections and association department
140 21 Praha 4, náměstí Hrdinů 3

Č.j. VS-7398/SDR/1-2005 In Prague, on 25th November 2005

Komunistický svaz mládeže

Politických vězňů 9

111 21 Praha 1

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Warning and precept according to § 12 article 3 of an association law number 83/1990.

The Home Office has received a communication from the Police of the Czech Republic itemizing some aspects of the activity of the Communist Union of Youth (hereafter “KSM”). In this connection it has been discovered that there is published a document titled “Political program of the KSM” on the web page of the mentioned civic association. In this document it is stated, among other statements:

“The KSM works for a revolutionary overcoming of capitalism and for establishment of economic and social introduction of a socialist democracy– abolition of private ownership of means of production and its replacement with social ownership – and of conditions for creation of socialism as a first level to the creation of a communist society, creation of which is an ultimate goal.

[...]

“The KSM is aware that capitalism cannot be simply reformed. The KSM therefore struggles for the revolutionary overthrow of the capitalist order by the masses of the working people.”.

“It has been further discovered that “the Political program of the KSM” concurs with proclamations presented in a monthly of the KSM titled Mladá Pravda which e.g. in an issue 4/2005 reads: “The KSM therefore struggles for a revolutionary overthrow of the capitalist order by the masses of the working people.”.

The fact that KSM’s goal is a revolutionary change of the political system is documented also with multiple proclamations elsewhere. For example editorial article Socialism and communism in Mladá Pravda issue number 6/2005 reads: “The goal of the communists is [...] building a communist society [...].

[...]

Socialism, achievement of which is the preliminary goal of the communist movement is the first, lower phase of the classless communist society.

[...]

The decisive condition and base of socialism is nevertheless abolishment of the power of capitalists and taking of power by the working people.”.

As indicated above, the Communist Union of Youth (KSM) attempts to introduce a different system of political representation of the state. However, this aim is impossible of realization without ties being made to activities restricted to political parties or movements on the basis of § 1 article 1 of a law No 424/1991 on association in political parties and political movements. That is why the Home Office presumes that it is the case of an association aimed at participation in the political life of the society, which, due to that above stated, is excluded from the competence of law No 83/1990, according to which the Communist Union of Youth was founded. According to §1, article 3 of the law quoted, that law does not relate to the association of citizens in political parties and political movements.

At the same time, one fact is necessary to take into account; according to §4 of the law No 83/1990, among others, the associations which seek to deny or limit any personal, political or other rights on ground of nationality, gender, race, origin, political or other beliefs, religion beliefs and social position, to encourage any hatred or intolerance for those reasons, to support violence or violate both the constitution and laws in another way, are not allowed, as well as any associations trying to achieve their aims in a ways that are contradictory to both the constitution and laws. In connection with the Political programme proclaimed by the KSM, the realisation of which the KSM pursues, the Home Office is of the opinion, that there is also a collision between the activity of the KSM and this adjustment of law. In terms of quotations from works of Marx, Engels and Lenin (see the banner MARXISM directly on the main internet page of the KSM), from whose teaching the KSM stems, there is no way but to state, that the approach of the KSM to Marxist-Leninist ideology is not neutral, that the KSM is concerned not only to inform the public about Marxism-Leninism or to publish historical documents, but to promote it consciously, in the context of the aims expressed in “the Political Programme of KSM”. If it is supposed to be typical for Marxism-Leninism, that in connection with a revolutionary transition from capitalism to socialism, and then to the communism, it declares a necessity of violent revolution, of the class struggle and the need of the dictatorship of the proletariat as well as class hatred, there is no doubt, that the KSM works by its programme for several of the aims presented above, for which the existence of a civic association is not allowed.

In this situation, the Home Office has come to the conclusion, that the KSM is an organisation as stated in §1 art. 3 of the Law No 83/1990 of Code of Laws, and further, that it is an association whose aim is further to break both the constitution and the law, and to achieve its aims by the ways contrary to both the constitution and the law (§4 art. “a” and “b” of Law No 83/1990 of Code of Laws). On the basis of the facts presented there are reasons to apply the provisions of §12 art. 3 of law No 83/1990 of Code of Laws. The Home Office therefore exhorts the KSM to stop the prohibited activity in terms of §4 of law No 83/1990 of Code of Laws and to inform the Home Office by December 31st 2005 regarding the steps carried out.

JUDr. Daria Benešová

Head of elections and association department

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