Czech prosecutor has not appealed verdict in the case of the death of a young Romani man in Brno last year, acquittal has taken effect
The acquittal of Roman Rohozin, who was accused of murdering a young Romani man near the Brno Reservoir last year, has taken effect. News server iDNES.cz reports the prosecutor has not appealed.
“The prosecutor did not file an appeal, the verdict has taken effect,” the spokesperson for the Regional Court in Brno, Klára Belkovová, said in response to a query from news server iDNES.cz. The accused, who is originally from Ukraine, was acquitted on 22 March.
The judge said the defendant’s actions had not risen to the level of a crime because they had been committed in necessary self-defense. Roman Rohozin (37) had initially faced murder charges that could have put him behind bars for as long as 18 years.
The prosecutor ultimately lowered the charges to bodily harm and manslaughter, proposing a sentence of about five years in prison. The defense proposed acquittal.
Rohozin always denied his guilt and said he acted in self-defense. The case from last June led to tensions between some Romani people and some Ukrainians.
News server Romea.cz reached out to the Brno office of the prosecution service with a request for a statement by e-mail and telephone but has yet to receive a response.
Lucie Fuková: We must ask the prosecutor why he did not appeal, I consider that to be essential
“Not appealing a verdict is one of the options available to all involved in a criminal proceeding. I know that the taking effect of the acquittal of Roman Rohozin today in the case of the death of the young man is sparking strong emotions. My thoughts are with the family and loved ones of Nikolas and all of the Brno community of Roma. Be that as it may, I want to emphasize that I respect the court’s independence and its decision,” Czech Government Commissioner for Roma Minority Affairs Lucie Fuková told Romea.cz.
“The Czech Republic operates under the rule of law, and the presumption of innocence applies. At the same time, in the interest of transparency and strengthening trust in the system, I consider it essential to ask the prosecutor why he did not appeal the verdict,” Fuková stressed.
“Together with [former justice minister] Helena Válková we are planning a training for the judiciary so that manifestations of anti-Romani attitudes will not impact court proceedings, not even unintentionally or out of ignorance. An important milestone in such efforts was the definition of antigypsyism that was adopted a couple of days ago by the Government,” Fuková told Romea.cz.
Tomáš Ščuka: Another case that demonstrates why Romani people do not trust the justice system
According to Tomáš Ščuka, a volunteer civil society member of the Czech Government Council for Roma Minority Affairs, this is yet another case demonstrating why Romani people have no faith in the justice system. “I would have expected Mr. Bejšovec to appeal as the next logical move in this case, given his legal categorization of the crime. He originally charged the defendant with murder, then later, in his closing arguments, reduced the charges to manslaughter, which carries a prison sentence of about five years,” Ščuka told news server Romea.cz.
“Unfortunately this is not the first conflict where, in the case of the death of a Romani man, the perpetrator is acquitted. There is no question that the legality of self-defense as a mitigating circumstance is part of a democratic society. However, as a consequence of the cases of self-defense I have mentioned, the question arises as to what influence the stereotypical model of antigypsyism has on these court decisions which are so similar in cases ending in the death, the killing, of a Romani man,” Ščuka said.
“The right to a fair trial is one of the basic human rights. If the verdict of this first-instance court takes effect, it will just intensify Romani people’s lack of trust in the justice system. An appeal proceedings could have clarified some of the conclusions drawn in this case to the public. New evidence could have been introduced. Last but not least, there can be a review proceedings in cases that are dubious, where the impunity of the offender is reassessed as a tool to increase confidence in the courts,” Ščuka told news server Romea.cz.
Political scientist Edita Stejskalová: As long as doubts remain about what happened, there will be doubts that this verdict was fair
According to political scientist Edita Stejskalová, the prosecutor now needs to explain why he will not appeal. “I hope that in this case, which was followed so closely by the media, the prosecutor himself will make a direct statement. If he does not, lack of faith in the justice system will grow in general as a result. Personally, I have to say that the court’s communication with the public has stumbled severely. This has been a textbook case of the division, radicalization and polarization of society. It can only be prevented from deteriorating further by a sufficient, public justification from the prosecutor and a high-quality communications strategy on the part of the court vis-à-vis the public,” Stejskalová told Romea.cz.
“Doubts still remain, especially about the adequacy of the attack in this specific case. As long as doubts remain about what happened, there will be doubts that this verdict was fair,” said Stejskalová.
