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Ex Post Facto Problems of the Czech Citizenship Law

When the Czechoslovak Federal Republic dissolved on January 1, 1993, the newly independent Czech Republic adopted a citizenship law that provided citizenship to only some of the former Czechoslovak citizens then resident in the Czech Republic. An undetermined number of people, including long-term residents and even some people born in the Czech Republic, have been left stateless or with an unclear legal status. Almost all of these people belong to the Czech Republic’s largest minority, Roma (Gypsies).

As a consequence, this law has been heavily criticized at meetings of the Organization for Security and Cooperation in Europe. In particular, the law presents numerous and serious questions regarding its conformity with international standards, such as those relating to recognition before the law (the status of orphans), equal protection before the law (different requirements for citizenship established for different classes of former Czechoslovak citizens), the right to a fair hearing (lack of adequate hearing procedures and opportunities for appeal), and actual or arbitrary discrimination (original intent of the law). Non-governmental organizations in the Czech Republic and abroad have heavily criticized the law both as drafted and as applied.

This memorandum examines one discrete aspect of the current Czech citizenship law: its conformity with the Czech Republic’s international obligation to refrain from increasing criminal penalties after the crime in question was committed.

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Articles

Helsinki Commission Advances Human Rights, Demands f...

Oct 19, 2023

By Shannon Simrell, Senior Policy Advisor Between October 2-13, 11 Helsinki Commission staff joined approximately 1,400 representatives of OSCE participating States (pS) and civil society representatives in Warsaw, Poland in an annual review of the human rights records of OSCE States. U.S. leadership highlighted demands for accountability from Russia and Belarus for their human rights […]

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Hearings

Vladimir Kara-Murza: Putin’s Personal Prisoner

Sep 20, 2023

Stream here: HEARING: Vladimir Kara-Murza: Putin’s Personal Prisoner – YouTube Vladimir Kara-Murza, a father, husband, and a freedom fighter, has been in detention for over five hundred days and is currently being transferred to a prison in Siberia. As he is being moved, his family has lost all contact with him and are faced with worry […]

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Hearings

Supporting A Democratic and Secure Moldova

Jul 12, 2023

In recent years, Moldova has made notable steps to improve its democratic institutions and combat corruption. President Maia Sandu and her Party of Action and Solidarity (PAS) have spearheaded wide-ranging reforms and backed a number of high-profile anti-corruption cases. Moldova has also made strides toward greater integration with the European Union (EU). In 2022, the […]

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Press Releases

Helsinki Commission Leadership Statement on Georgian...

Mar 06, 2023

WASHINGTON—In response to news that the Georgian parliament is considering Russian-style foreign agent legislation, which would have a chilling effect on Georgia’s vibrant civil society, Helsinki Commission Chairman Representative Joe Wilson (SC-2), Co-Chairman Senator Ben Cardin (MD), Ranking Member Representative Steve Cohen (TN-09), and Ranking Member Senator Roger Wicker (MS) issued the following joint statement: “Since regaining independence, the Georgian people have clearly and […]

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Press Releases

Helsinki Commission Chair and Co-Chair: Statement on...

Feb 20, 2023

WASHINGTON—Following reports of the sharp deterioration of Azerbaijani dissident Bakhtiyar Hajiyev, Helsinki Commission Chairman Rep. Joe Wilson (SC-2) and Co-Chairman Sen. Ben Cardin (MD) issued the following joint statement: “We are absolutely appalled at the continued unwarranted detention and mistreatment of Azerbaijani civil activist Bakhtiyar Hajiyev, who has been imprisoned on trumped up charges and […]

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Publications

HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

Jun 30, 2022

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Press Releases

Cardin, Wicker Recognition of Romani Americans Clear...

Jun 10, 2022

WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) lauded unanimous passage in the Senate Foreign Relations Committee Thursday of S. Res.124, the first official acknowledgement by Congress of the genocide of the Romani people by the Nazis. The resolution, first authored by Cardin and Wicker in 2019 and reintroduced […]

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Publications

Helsinki Commission Summer 2021 Digital Digest

Aug 02, 2021

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Statements

Cardin and Wicker Discuss July 2021 Congressional De...

Jul 21, 2021

Mr. CARDIN. Madam President, I take this time to talk about the work of the U.S. Helsinki Commission in a recent opportunity we had to participate in the OSCE Parliamentary Assembly. I am joined on the floor by Senator Wicker, who is the Republican chair of the Helsinki Commission. The two of us have worked […]

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Press Releases

Helsinki Commission Delegation Advances Priority Iss...

Jul 15, 2021

WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 […]

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Statements

Tribute to Erika Schlager

Jun 21, 2021

I want to acknowledge one individual who recently announced that she is retiring, Erika Schlager, after 34 years of service to the Commission and to the global community. Erika received her bachelor’s degree from the University of North Carolina in Greensboro, where she graduated magna cum laude and was elected to Phi Beta Kappa. She […]

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Press Releases

Helsinki Commission Commemorates 45 Years of Advanci...

Jun 03, 2021

WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating […]

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