President Zeman should behave like a gentleman and apologize himself, says Peroutka’s granddaughter Kaslová – ČT24 – Czech Television
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President Zeman should behave like a gentleman and apologize himself, says Peroutka’s granddaughter Kaslová – ČT24 – Czech Television

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Events, comments: According to Kaslova, President Zeman should apologize

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Zeman gave a statement about Peroutek’s alleged article in January 2015, but the article does not exist and the president refused to apologize to Kaslová. The Czech courts thus began to deal with the dispute. The first verdict fell in September 2016, according to which the president’s office was to apologize.

However, in May 2018, the Supreme Court overturned the verdict and returned the case to the beginning. According to him, the lawsuit was not aimed at the president’s office, but at one of the ministries. In October 2019, the court invalidly ruled that the state did not have to apologize. However, in July this year, the Court of Appeal upheld Kaslová and reversed the verdict. The apology period expired on Tuesday, August 18.

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“I am a little disappointed that the (ministry) did not apologize, because I would expect the state body to comply with final judgments if the state wants it from the citizens,” responded the constitutional lawyer from the Faculty of Law of Charles University, Jan Wintr.

The dispute itself will continue, as the Ministry of Finance, which was supposed to send the apology by post and publish it on the web, has turned to the Supreme Court, Peroutek’s granddaughter is preparing the same step.

Nothing can surprise me anymore, says Kaslová

Kaslová said in the Events, comments that when she filed the lawsuit, she did not expect the matter to be resolved quickly, but at the same time she was surprised by how long the dispute had lasted. “I have to say that as the months and years progress, I sometimes feel that nothing can surprise me anymore,” she said, not regretting her step.

“After all these years, I don’t expect anything, I just hope. I was hoping it would be done, but somehow it didn’t surprise or surprise me, “Kaslová answered when asked if she expected to receive an apology this week.

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Kaslova also said that if the dispute concerned her person, she would consider whether she would want Zeman to apologize to her at all. “It depends on who should apologize, if the person is so good that you want his apology,” she said. According to Kaslová, the president owes an apology to her grandfather. According to her, it would be enough to admit a mistake and apologize.

Who is actually responsible for the statement?

According to lawyer Jan Wintr from the Faculty of Law of Charles University, the whole dispute has two levels. The first is that if the article simply does not exist, President Zeman should apologize. The second level, however, is the question of who is actually responsible for the statements of the President of the Republic made at the official event at Prague Castle.

“As for the first question, the theory of law distinguishes between statements, factual statements on the one hand and evaluative courts on the other. According to how we teach it at the Faculty of Law, it should have turned out roughly the way it turned out in September 2016, which means that the statement is untrue, so we need to apologize for it, “said Wintr.

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“Then there is the dispute over who should actually apologize,” the lawyer said, adding that the courts have been dealing for a long time with whether the president, his office, the state or the Ministry of Finance should apologize.

Insufficient apology

Kaslová said that from a layman’s point of view, she does not understand the whole legal procedure, but perceives it. “If the president can no longer apologize, because he can obviously say what he wants, and then others have to apologize for him, then if the president’s office or the Ministry of Finance apologizes, it probably doesn’t matter to me,” she added.

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“Of course, I would have liked more if the country’s president had acted like a gentleman and apologized, regardless of the court’s rulings.”

Terezie Kaslová

journalist, granddaughter of Ferdinand Peroutka

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President Miloš Zeman has previously said that he would only apologize for not finding Peroutek’s alleged article, which he later did. However, Kaslová considers this to be “another outrage” and did not want to comment on it any more.

Lawyer: The president is a man like any other

Wintr pointed out that the President of the Republic is not an untouchable person. “It is written in the constitution that the president of the republic is not responsible for the performance of his function, but in my opinion this means that he cannot be deposed by a vote of no confidence,” he added.

According to Wintr, the president is a man like any other; He has criminal immunity while in office, but Peroutek’s case is not a criminal matter, but a civil one.

According to Wintr, only a change in the law would help in the future, that in the event of such disputes, it is the politician who is responsible, not the state. “In disputes over honor, any insult or accusation of satisfaction, it is that the person who made the statement apologizes, not that the state apologizes for it,” he added.

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