Cannabis is The Cure versus Czech republic
26 June 2014
Complainant as an individual:Dušan Dvořák, director of the specialized company „Konopí je lék“ (Cannabis is The Cure), Tylova 963/2, 779 00 Olomouc, Czech republic, email: dusan.dvorak at konopijelek.cz
Complainant as an artificial person:AK Diag Human Cannabis, member of Open Royal Academy. Identification number: 266 70 232, www.konopijelek.cz, email: ak.diag.human.cannabis at konopijelek.cz
All the versions of this article:
1. Complainants have lodged already seven complaints of the same subject with The European Court of Human Rights (Court in following). Complaints lodge because of the Czech republic Court decision. Since 2012 they have been asking for annuling of two,more precisely five decisions of the CZ, according to the article31 and article 41, point 5 of the rules of Procedure which have been going against the international law, natural sciences and arable farming researchof the „Cannabis is the Cure“ company (Konopí je lék) and especially and primarilyagainst the director of the research and his family. Complainants have been also asking for the adequate compensation (you can see in point 12).
2. Complainants refer to the Catani survey, which was approved by the European parliament in 2004 (but not implemented) and also approved when Czech republic became a member of the European union. It can be found here: http://pravnistat.blogspot.cz/. Complainants also refer to the repeated commands of the Nobel price holders, who have been repeatedly asking for the war against drugs ending (listed in May 2014) = the end of the war against own citizens, in other words the war of the criminal politics in the countries called „democratical“. Complainants refer also to the declaration of significant scientists and doctors (from May 2014), which says, that cannabis is the basic human right: http://medical-cannabis-declaration.org/.
3. Complainant as the director of the research (and complainants which were not approved by state organs as the harmed members of the process) exhausted all the internal possibilities to solve the criminal dispute in the case of decision of the Czech Constitutional Court and they also document some proves of the breach in articles l. 2, 3, 5, 6, 7, 8, 10, 11, 13, 14 a 17 of Convention about the human rights („convention“ in following) in the following chapters and attachments. Czech republic breached that, when the activity of complainants was completely legal according to Czech, European and OSN law (Decision of The Court of Justice of the European Union (CJEU in following) C 137/09, point 36 of the decision, and the first biological decision of CJEU C 59/11). The legality of the complainants behavior is explained in regulations of the Czech law and international conventions , decisions of CJEU and Supreme Court decisions, in the Constitutional Court discovery - in the attachment 1.1a/b. The decision of the Ministry of justice you can find in the same list. There is written that the Czech Court is under an obligation to ask the European union and The CJEU about the explanation of the law in advance.
4. Since 2010 Czech republic have been repeatedly refusing the task of the CJEU which contradicted with the article 267 subsection 3. of the contract about European union Functioning by the discovery of the Constitutional Court - sign ÚS 1009 /08 (points 22 and 30). Czech republic refused to ask about the explanation of the European law by the CJEU, because, as the complainants repeatedly said and proved, technical regulations of the law about the addictive drugs were not notificated in the case of Cannabis (as tradable medical treatment) since 2004 when Czech republic became a member of European union. Because of duty of the regulation 98/34/EC that should be notificated, which can be proved from the „TRIS“ public accessible database. In total four judgments’ of the CJEU were applied through non-notificated regulation according to the 98/34/EC regulation and are consistent in the civil and criminal law . Not notificated regulation is unenforceable (verdicts C -194/ 94, C-390/99, C 267/03 a C-20/05). Even the prosecutor’s office, which had in 2009 – 2012 been repeatedly asking the police and the Court to process the crime against humanity in the Cannabis farm in Ospělov, asked the Prostějov Court to ask about the explanation in advance in the CJEU, as it got the impulse from „Open Royal Academy“ (CZ) and „AK Diag Human Cannabis“ , the courts (and even the Constitutional Court) always declined it. You can find that in the attachment 1.2a/b. , together with Department of health and social security decision at the same list. That proves, that the notification according to the regulation 98/34/EC happened by the regulation 273/2013 Sb. Which has been valid since 1st January 2014. The notification of the amendment didn´t happen according to the law and the regulation is not enforceable until now, because in 2012 the European commission got the completely different text of the amendment than the regulation, which was proved by parliament and became valid in 2013, which is incompatible with the article 8. regulation 98/34/EC.
5. As there is the evidence placed in the website listed above, it can be proved that the organized criminal case has happened with the full awareness of the government officials. Czech republic is the one of the biggest producers of marihuana. As there is written in the attachment with the name of the highest state deputy, see here: http://pavel-zeman.blogspot.cz/, the highest state deputy office was informed about the crime against human rights and about the law and international commitment breaking. It happened by complainants in 2005 - in the criminal motion which was directed to the ex-minister of finance and the director of the Budgetary committee at that time, who was also the headman of the leading coalition party. The party, which was found by this politician, is behind some law approvals, which caused the market of medical Cannabis monopolising in 2010 – 2013. The Dutch company „Bedrocan“ became a monopol with the price of more than 10 Euro/gram Cannabis flos in the pharmacy. The last of the repeated criminal motions directed to the State prosecutor (May 2014) is written in the attachment number 1.3a/b., together with the notification about the Cannabis growing in the Cannabis farm of Ospělov which was directed to the Olomouc region’s customs (also May 2014).
6. Complainant as an individual (director of the research) is an addictologist, psychotherapist and also founder of the research about the standards of cannabistherapy by profession, he got a lot of Czech and foreign prices for the innovative health-social services, he successfully passed the university and post gradual programmes in the university of Palacký in Olomouc (1996), where the international research about the healing effects of Cannabis started 60 years ago, The Prague College of Psychosocial Studies (1994), San Diego University (1995), Palermo University (2000) and Open Royal Academy (2010), he passed practical training in prominent European workplaces. He is also an author of the first methodology about the prevention of drug addiction for teachers (1994) and as an director of comparative research about the drug politics he is a holder of the price of British government (2000). That research shows the evidence about the society-wide benefits of rational drug politics based on the principles of the Convention. Complainant was arraigned for times in total - after the research publishing (2008), getting the Czech government price for the education of the public in the Cannabis treatment (2009 through www.konopijelek.cz) and opening international scientific research workplace „Edukativní konopná klinika v Praze“ (2010). Since 2010 he was arraigned four times for the criminal act of prohibited drug producing. Police – nevertheless asked requests for the police protection and cooperation since 2008 – always confiscated Cannabis from the research farm of Ospělov, which the complainant is is part-owner of. By its behavior police caused (as you can find in the evidence) the crime against human rights to the members of the research (killing, death by torture, actual bodily harm). Prosecuting authorities always – in all four cases - missed 90% of the confiscated assets from the research farm of Cannabis in Ospělov, which was always ignored by the Czech Court. When the crimes against human rights and mysteriously lost assets were investigated by the police presidium for the first and also last time, because the founders of the Cannabis farm asked for that, prosecutor’s office imposed a ban on the investigation, as you can find in the attachments 1.4.- 1.5. (the request is placed in the attachment 14b)
The police didn ´t show the protocols from confiscations (2011, 2012) of the assets in scientific research workplace „Edukativní konopná klinika v Praze“ until this time. The complainant was a founder of this clinic (2010), its investor and director. Until this time police didn´t show the protocols about the confiscated assets (more or less 150samples of different sorts of Cannabis) and reportedly police destroyed everything immediately as it was harmful. Czech republic caused the highest invalidity type to the director of that research (since 2012), it forced him to stop with his work and even forced him to have kids in the foster care (2012) a then, after Czech republic didn’t succeed to make him legally incompetent, nevertheless the protests of his family, the public and also expert witness, whose opinion was misused by Czech republic (2013), now the Czech republic want to apply the official pharmacological psychiatric „therapy“ on the director of the research, on the grounds of falsified opinion of expert witnesses. This therapy caused serious provable health damage to the director of the research.
7. Complainants ask for annulling the decision of Constitutional Court – the number II.ÚS 289/14 from 19th February 2014 (attachment 2.5.) because of breaching the articles 2 and 3 of the Convention, according to the article 39 of rules of Procedure. The decision, nevertheless the protests of the public, based on falsificated opinion of expert witness, talks for the third time about legal disability of the director of the research and disables him to have the right to go to the Court, clear his name, ask the punishment for the culprits and compensate the affected. Czech republic was in all three cases of rejected decisions of Constitutional Court repeatedly referred to the first decision of Constitutional Court based on illegal decision numberII. ÚS 664/12 (first confiscation in the research Cannabis farm in Ospělov in 2009), when the Constitutional Court rejected the complaint about criminalized director of the research without any explanation.The criminal case of the falsificated expert witness opinion from April and May 2014 can be found in attachments with numbers. 1.6.- 1.9.
8. Complainant as an artificial person is the lawyer of affected non-governmental organizations which has been realising the research and unifying the investors, implementers of the research and affected artificials and individuals. Non-governmental organizations as the investors and founders of (not only) the research farm in Ospělov, „Konopná apatyka královny koloběžky první“ and „Edukativní konopná klinika“ (specialized company „Konopí je lék“ barrier-free company „Ateliér ALF“ and the company for social ecology „Art Language Factory“), then mainly „AK Diag Human Cannabis“ and „Open Royal Academy“ (CZ) repeatedly asked for the participation in the process as the affected, they repeatedly announced the complaint etc., but their complaints were always excluded from the process and the Czech republic didn´t take their complaints into consideration and didn’t investigate as you can find in the attachments 1.10.-1.11. At the same time enforcement authorities of the criminal proceedings didn´t excluded the complaints of artificials, the members and investors of the research, as can be found in the attachment number 1.12. The research has been globally, continentally, multinationally and nationally connected by the „Open Royal Academy“ association. There are 7 non-governmental organizations in the research participating in the association of the „Open Royal Academy“ (CZ) in Czech republic. We should add, that in 1995 the director of the research – as a representative of one of the non-governmental organization – have signed a contract about the cooperation with the University of Palacký in Olomouc. That contract has still been valid and three rectors of the University, the mayor of the town of Olomouc, the public and non-governmental organisations took many steps to stop illegal Police and justice acting, but they have never succeed. You can find the references and interest of the authorities and the public together with testimonies of the sick people here: http://soudniznalec.blogspot.cz/.
9. The complainants ask the Court to annul the decision of the High Court in the case Tpjn 301/2013 from 13th March 2014 urgently (attachment 3.1) , within the purview of precaution according to the article 39. That is a decision of criminal appeal of the Czech High Court (not the parliament as it is said in law), which defined 10 grams of Cannabis flos (the feminine flower) holding as a crime. The Cannabis was also called as „Marihuana“ without any definition placed in the law. The Cannabis growing and processing is allowed since 2004 and since the Czech republic became a member of the European union and it can be done without the announcement if it is grown in the area smaller than 100 m2 (§ 5, subsection 5 and 29 of the law about the addictive drugs). At the same time some of the citizens (for example gravely ill ones) need even more than 1kg of Cannabis per month (burns – oil bath treatment etc.). The Constitutional Court decision which talks about bigger than small amount of the drugs held, is processed in the situation, when the Czech republic doesn’t ´t have and doesn’t use any methodology of measuring THC in Cannabis. Also in the case of the Cananbis growers it ignores legally binding European methodology of the measuring the amount of THC in Cannabis, which has been defined by the Council decision (amendment from 2009), also it ignores the measuring of THC in Cannabis based on definition in § 2 of law of the addictive drugs, where it should be measured from all the flower above-ground. The Police has been measuring the THC only from a few grams of Cannabis flos (feminine flower top), so the percentage of THC is artificially increased up to 100 times more, so the Police can manipulate the result and it can participate in an organised crime. We should remember, that the Czech republic is one of the most corrupted countries in Europe and stealing, cowardice and jealousy are the typical attributes of mentality and behavior of the Czech people, who are able to tolerate a lot at the same time.
At the same time we talk about civilized country, where the violence is not preferred as a solution of problems. The regional Court in Brno even falsificated the evidence and it based on non-existing methodology of the THC measuring in Cannabis according to the methodology of UN, when in 2013 the Police Institute of Criminology considered after many declined requests, that there is no binding methodology of measuring THC in Cannabis existing , as you can find in the statements of institutions in the attachment number 1.13 a/b, which is breach of the article 39 of Charter of Fundamental Rights and Freedoms because only the law can say, what can be taken as the criminal case. At the same time since 2014 we can already find the Cannabis flos in the pharmacies for the price of more than 10 Euros per gram which is really overpriced, also there is a limit of 30 grams per month per person only (children, also the ones with an oncological illness, under the age of 18 are excluded from the therapy without any reason, also the indication of Cannabis for adults are restricted to minimum without any professional argumentation, even when Cannabis is highly safe). Also we can find some species of Cannabis in pharmacies for the high price, which are totally unsuitable for many people and their illnesses. There are 4 species of Cannabis with the different healing ingredients which are supported by the corrupted articles numbers 50/2013 Sb. and 273/2013 Sb. And by the regulation of Health Ministry with the number 221/2013 Sb. All of the species have been coming from non-professionally monopolised Dutch company „Bedrocan“, which has been going against the law of European Union and the law of free economic market. The only purpose of these legislative measures is to keep the price of marihuana high in the Czech market, because the Czech republic has been participating in this business. It is easily possible to find the growing place because of the ČEZ a.s. Company who trade with electrics as the monopol, so these growing places have been functioning many years and there is a theatre played with the public all the time, because the Police has been trying to protect the citizens against themselves. Because it is not possible to oppose the decision of the non-professional and non-competent Criminal Division by the appeal to Czech republic, we ask the Court to make a decision in this, which has been in connection with the breach of the articles 2 and 3 of the Convention.
10. Complainants ask the Court to proceed the revocation of permissibility of the complaints proceeded already – according to the article 31 and article 41, point 5. They would like to ask for an investigation in the case of the director of the research criminalising and the confiscation in the research Cannabis farm of Ospělov in 2009 – 2012, which have been archived by the Court until 6th February 2015 and also they would like to ask the Court to make a decision about these cases together with this complaint and to change its previous decision.
11.The first complaint was sent to the Court in 10th October 2012 after all domestic possibilities tried and it was kept by the Court until6th February 2014 with the number 66981/12. In 17th November 2013 the complainant added the first amendment to the complaint with number 66981/12, which contained an evidence about the truth of the complainant’s statement. The complaint with number 66981/12 contents many Convention breaking, specifically it has happened by the Czech Constitutional Court and its decision number II. ÚS 664/12. By mistake of the complainant and his lawyer they have talked about the breaking of the articles 2 and 3 in the Convention only, without the evidence of breaking the human rights shown to the Court, the same evidence which the complainant added to the constitutional complaint which lead to the negative decision of the Constitutional Court number II. ÚS 664/12.
It was referred to it repeatedly afterwards. As an add to the first complaint number 66981/12 the Court decided to add the second complaint number 1332/13 from the 28th January 2013. In 9th January 2013 The Court referred to the complainant, that if the Czech republic has been trying to restrict legal capacity of the complainant, the complainant should compulsorily try all the domestic possibilities, which the complainant did. On 28th November 2013 the complainant brought two more complaints referred to the negative decision of the Constitutional Court in time - number IV.ÚS 4859/12 and number II. ÚS 1311/13 (confiscation in 2010 and 2011), when the Czech republic nevertheless the complaints of the family, friends, rectors of the universities, scientists, doctors, Mayor of the town of Olomouc, non-governmental organisations and amateurs, didn’t prove the legal capacity of the complainant, so he shouldn’t be able to go to the Court and prosecute a claim because of crimes against humanity and crime of the research waste. The Court has been keeping these complaints with one number together - 79490/13. On 6th of February 2014 the Court decided that all the complaints listed above are unacceptable and it didn ´t give any explanation to that decision. There was a fifth complaint directed to the Constitutional Court - number II.ÚS 289/14 from 19th February 2014 (attachment 2.5, confiscation in 2012), which is criticized again. The complainant ask for the precaution according to the article 39 from 28th of February 2014. In that complaint complainants gave the evidence of the legal capacity and also the negative decision of the Court, which was many attachment contained. With the knowledge of the crime against humanity happening by the enforcement authorities , the Court decided (number 20049/14), that the complaint was written on the wrong form and there were not the right states who didn’t respect the Convention, when the form was only added with more information, there was the Czech republic and other states of Europe, whose citizens (ant research investors) were harmed, marked. The sixth complaint, which was served according to the article 39 as an request to make a precaution (by email, fax) in the date of 14th April 2014, talks about the wrong proceeding of the confiscation of the research assets from the years 2010 and 2012 by the regional Court of Prostějov. That legitimizes the crimes of the Czech republic and the stealing of 90% of the assets confiscated by the enforcement authorities. The Court has made the complaint unacceptable with no explanation again, even though the amount of Cannabis which we have been talking about would help to hundreds of people though the research could continue many comparative surveys. The complainants ask the Court to keep the complaints with numbers 66981/12 (+1332/13), 79490/13 and 20049/14 as the attachments of this complaint, because they have been archivated by the Court until 6th February 2015 and it is very necessary to refer to them and to have the complaints in context, if the Court wouldn’t annul all the decisions opposed all at once. We refer again to the prohibition to proceed the process in the CJEU given by the Czech republic.
12.As the adequate compensation, even the waste of the research and mainly on the health of citizens was much bigger, the complainants would like to ask at least to compensate the price of the Cannabis confiscated from the research Cannabis farm of Ospělov in the years 2009 -2012. It was about 500 - 700 kgs, and as the price in the pharmacies is 300 Czech crowns/gram, it is 600.000 x 300, which is 180 millions Czech crowns, i.e. 7 millions Euros.
In case of not-accepting the complaint, the complainants ask the Court for the explanation, because the Permanent Representative of the Czech Republic in the Council of Europe in Strasbourg in Strasbourg promised to the complainants to ask the Court for the explanations about the complaints given before, which were not accepted, (in the case of the first complaint it was after one and half years)and there was no explanation given. In the compensation there is not the liquidation of the Cannabis farm included as it is not included the liquidation of other projects of the members of the specialized company „Konopí je lék“ and other non-governmental organisations, which have participated in the research. It can be found in the complaint number 20049/14 (in the attachment you can find the regulations of these non-governmental organisations).
The articles from the Convention which were broken by Czech republic
Article 2 – The right for life and Article 3 – The torture prohibition
Because of the evidence about breaking the articles 2 and 3 of the Convention we ask the Court to apply the precaution according to the article 39. The Czech republic since the year 2013 proved the protection of black market with Marihuana (selective criminalising of the citizens without any methodology of measuring THC in Cannabis confirmed by law, as you can find in the attachment 1.13 a/b) and also it proved the monopolising of the over-priced Cannabis product from Holland, mainly by the regulation number 221/2013 Sb. of Ministry of Health (the amount of cannabinoids from the „Bedrocan“ company cost around 400 Euros per month, which one citizen cannot afford from disability pension) or the medicine from Great Britain (the amount of the medicine „Sativex“ costs around 1000 Euros, which is more than average sallary of healthy citizen in the Czech republic). At the same time in May 2014 Czech republic invited tenders for the Cannabis growing (Dutch species) with the amount of 40kgs Cannabis flos per year. This amount make the Cannabis accessible for around 100 people per year, because the real need is at least 150 times more. (It can be found in Google: Stát vypsal tendr na pěstitele konopí (Idnes.cz ze dne 26.5.2014)
The right for life of the citizens who have been using Cannabis is not protected by law. There were crimes against human rights committed and we proved enormous loss of Cannabis confiscated, which is proved also by the judge advocates from the forensic medicine discipline and by the educative Cannabis clinics founders. It was directed to the Police president with the request for the Police protection repeated as you can find in the attachment 1.14a/b. We also proved the nomination of the director of the research for the price of the city of Olomouc, which was based on his help and effective treatment of gravely ill people also with the oncological problems, as you can find in the attachment 1.15 It was a huge mistake of the complainant and his lawyer that the evidence following, which were added to the first complaint number 66981/12, didn ´t exactly define, that it was breaking of the articles 2-3 of the Convention. The complainants would like to say, that they have a right to name only the ones of injured people, who gave sanction to that.
On You Tube we can find a document called „Konopné pašije“, which is about the oncologically ill people, who were, we can say, killed, who wrote a lot of appealing letters to the parliament since 2009. We can list for example miss Olga Novotná and Mr. Petr Ladislav Kodym. In the attachment number 1.16a we can find an order from the oncologically ill Mrs. Olga Novotná (confiscated) to Cannabis growing. As it is proved in the letter of expert witness and the headman of the company „Konopí je lék“ , which can be found in the attachment 1.14a, here were hundreds of letters like that which were served to the enforcement authorities and to the Court. Mrs. Olga Novotná even proved by the medical report to the Court , that her oncological problem has been disappearing, nevertheless the director of the research was convicted as drug-addiction propagator. On the second page of the attachment number 16b there is the Police interrogation of the complainant, where his colleague from the Cannanbis Clinics was presented as well. She can also prove a crime against humanity and a mysterious loss of Cannabis. The next person, who is dead already, is the Educative Cannabis clinics spoke person Zbyněk Kopřiva, who in January 2011 discussed - together with the director of the research - the stoppage of crimes against humanity with Karolína Peake, the deputy chair-woman of the government.
In March 2011 he – as the statutory representative of one of the three non-governmental organisations, which found the clinics, wrote the urgent request to the prime minister (not accepted). In May 2011 he wrote one of another requests to the Police president and he asked for the protection of the research of the clinics, and together with the expert witness and another colleague he asked to proceed the case of killing, grievous bodily harm and the mysterious loss of 90% of Cannabis confiscated from the research Cannabis clinics of Ospělov. In attachments numbers 1.17 and 1.14b you can find the requests addressed to the the deputy chair-woman and the Police president. (In the attachment number 1.4.- 1.5. there is a prohibition of proceeding the request of the Police president, which was published by the prosecutory office). Zbyněk Kopřiva had an oncological problem and his life was prolonged by the Cannabis treatment, it was more superior as well. He died premature and in stress one month after the first confiscation in the Educative Cananbis clinics in January 2012. We should add, that the director of the research was indicted because of the threat as there was an impulse from the deputy chair-woman Peake.
We gave the evidence to the Constitutional Court and also the regional Court of law in Prostějov when the first request from the Court came, (attachment 1.19). That time it was proved that people are tortured by the law system so much, that sometimes it leads to self-violence, for example Maria Brodská. The High Court set her free in 2008 in the case of growing and processing Cannabis, but in 2012 she was taken to the Court again, because of the Board of management from the Prosecutor’s office, so she was repeatedly taken to the Court for the same thing.
We also prove many pointless amputations per year, which we demonstrated in notarized provement to the Court in April 2014 (as you can find in the attachment 1.20) together with the doctor and a member of the Board of the company „Konopí je lék“, who has participated in the research of effectiveness and constitution of the Cananbis cream. She gave her testimony for the first complaint in 2011 already.
We talk about suffering, which is so huge, that when there was specialized conference „Cannafest“ in Prague (November 2013), Mr. Zdeněk Majzlík who was lecturer there, started to cry in front of everybody and he asked everyone to grow Cannabis for his daughter Martina Kafková after his death, because she cannot live with dignity otherwise (she has multiple sclerosis) As the director of the research and witnesses proved to the Court repeatedly in 2010, Cannabis change the quality of life without dignity and with pain in very positive way in the case of multiple sclerosis. They proved this to the Court together with the notarization, as you can see in the expression of Martina Sedláčková, which can be found in the attachment number 1.21. You can also see the story of Philip Polívka, who is a member of the company „Konopí je lék“ and who also has the multiple sclerosis. You can find the trailer to the movie „Rok konopí“ about that (The year of Marihuana) in You Tube
The list of illnesses, which can be treated or reduced by Cannabis and where Cannabis can reduce the pain and regenerate is too long, that the evidence which is listed above, should be enough to prove that there was the law broken in the articles 2 and 3 of the Convention. Unfortunately the Czech republic wants to continue in that practices and also it threatens the research Cannabis farm of Ospělov with the confiscation of Cannabis this year again, as we proved to the Court in the complaint number 20049/14 and as it is shown in the second page of the attachment 2b. We should add, that Cannabis has positive effects in the cases, where the current medicinefail.. Because of that we also ask for the precaution for the statement/statements of the Constitutional Court and we complain to the High Court because of the right to carry only 10 grams of Cannabis, which is incorrectly and purposively named as „Marihuana“ which is designated for the drug distribution. At the same time the Cannabis growing is allowed and also the Police doesn’t have any methodology of THC measuring in Cannabis.
The complainants also ask to prove that the Czech republic manners and the treatment of the director of the research and his family has been breaking the article 3 of the Convention, because of the manners of Czech republic he became third-degree disabled and he has been suffering with the huge waste of his assets and assets of his family as well as the investigation. The Czech republic have purposively tried to make him incompetent by law, nevertheless the protests of many authorities. In May 2014 the Czech republic have even tried to send him to the mental hospital, because he refused to eat the „treatment“ from the Court authorized doctor. This „treatment has devastating effects. At the same time the doctor refused to give him the complete medical documentation, which he wanted to use for the independent expert evidence. Also that doctor gave falsificated medical report, as you can find in the attachment 1.6. – criminal stimulus against Silvie Musilová. The director of the research has been publicly made as untrustworthy and liquidated professionally and he has to be part of many civil and criminal proceedings each and everyday. He has been trying to prove the truth instead of lecturing, the research leading, working as the therapist and live a productive life and be beneficial to the Czech republic. The official documentation amount is so big that we can take it as an attempted administrative murder, because the offices have not been reacting for the complaints, they purposively answer differently than it was asked, the references to the law are useless. The condition of the director of the research has been becoming worse since he became an invalid (2012), he has pain, swelling, tiredness. Also the condition of his wife and parents has been worse. The criminal proceedings have been hardly attacking the wife and parents of the director of the research. We also prove by the medical records, which you can find in attachments 1.20 b and 1.22, that the director of the research didn’t have depressions for 10 years just because of Cannabis treatment. Even though the Court knew about that, the confiscation was always allowed.
Article 5 - The right for freedom and private security
If – according to the article 5 – we also talk about the private safety as human rights protection, for example the right to health etc., this was denied hardly. Even the brachial attacks ae not presented, the administrative attacks has been presented massively. The result of that are the same or even worse.
As it was listed in the attachments, the Police does not want to give Police protection to the research of „Konopí je lék“ , which we have been asking repeatedly since 2009 . We can also prove the crimes against human rights, people are imprisoned and criminally proceeded. The most visible case is the imprisonment of the member of the specialized company „Konopí je lék“ Mr. Miloslav Tetour, MCA who was imprisoned for 3 years in 2011 and also the imprisonment of 7 years for the growing components sellers (growshop) Václav Šefránek, MCA and Václav Kloc, MCA. They were the professionals of the hydrophonic growing and the members of the specialized company. As we proved to the Court, in February 2014 the Constitutional Court, which is incompatible with the civilized practise in the countries of European union, published the report, that the components selling, Cannabis seeds selling and also selling of the specialized literature is a crime! This tragic report of the Constitutional Court has been included in the complaint of „AK Diag Human Cannabis“ because of the law breaking. On 8th June 2014 in the TV show "168" The Czech television firstly informed about the careful evidence of backstage fraud with the medical Cannabis and about the growshop raid. All the show, which was immediately deleted from the Czech television TV archive, you can find here: https://www.youtube.com/watch?v=SY80a1wE4bg (6minutes)
Article 6 – the right for the rightful proceeding
People do not have right for the rightful proceeding, they are always in a position of presumption of guilt. Even though the proceeding should be public and by the Court, it is not accepted repeatedly, the same problem appeared with the preliminary question to the European Court. We can also prove the law for the right process denying as it is accessible to the Court by this and also previous complaints – numbers 66981/12, 1332/13, 79490/13 and 20049/14. Even though we proved to the Court and prosecuting authorities that the acting of the complainants is not criminal, according to the Czech and European law, as you can find in the attachment 1.1. This was not accepted and the artificials were never included in the process, also their comments were not taken into consideration.
Because of that the artificials were not included in the complaints about the legal disability and about the fourth confiscation in the research farm of Ospělov, because as it was proved, their comments were not taken into consideration at all. Even though we proved the crime against human rights and also we proved the loss of 90% of the Cannabis confiscated, the Czech republic refused to solve it. Even we proved that there is no methodology for the THC measuring in Cannabis which the Police could use ( even though until 1st April 2013 it was possible to work with the Cannabis out for the experiments and industrial purposes without the permission and without limitation of the THC presented . Since 2008 it was also possible to work out with that for the therapeutic purposes, as you can find in the attachment number 1.1.), The Czech republic totally ignored the article number 39 of the Charter of fundamental Rights and Freedoms, that the punishment can be used according to the law only and also it refused to proceed the experiment asked as it is written in the criminal law! Even though we proved that the report of the expert witness in the case of the director of the research was falsificated, as you can find in the attachment number 23a/b. Also there is a comment of the expert witness and the doctor, that the director of the research is not mentally ill as the expert witness said, which you can find in the attachment 1.22. All the expert witnesses refered to the hospitalization of the director of the research from 2003 because they didn ´t have another evidence. That hospitalization was, as (not only) the ombudsman proved, not legal – you can find in the attachment number 1.24. In the attachments numbers 1.25 - 28 there is a prove of the Police crime commited and also the decision of the Court, when it didn´t accept that the Cannabis confiscated is an asset of the artificials.
Article 7 – The punishment based on law only
Even though it was proved (attachment number 1.1), that acting of the complainant is not a crime and that since 2004 it is allowed to grow and work out with Cannabis without the reporting obligation to the office, the complainant was taken to the Court and in 2012 the harvest was confiscated again. That happened nevertheless there were registrated species of Cannabis grown. Everything has been happening in the situation of no methodology which could be used by Police for the measuring of THC in Cannabis and the Police has been ignoring the European methodology of measuring, as it is defined in the law of an addictive drugs. By this way the Police can increase the amount of THC in Cannabis even 100 times! Even though the law enforcements and the Court got the legal Analysis of the expert witness, that the THC measuring has not been proceeding according to the law, as you can find in the attachment number 29a, the Czech republic didn’t care about that evidence. Also it didn’t care, that the law about the addictive drugs was notificated by the article number 273/2013 Sb which can be used since 1st of January 2014, instead of notification in 2004. This you can find in the attachment number 29b.
Article 8 - The right to have the private and family life respected
Since 2008 the complainant has been asking the government and the offices to cooperate, he has been appearing with the legislation proposals and he has been informing the offices about the Cannabis growing (even if it is not his obligation). But he has been constantly attacked by Police every year, his assets has been confiscated, he has been blamed. The life of the complainant’s family turned about 180°. At the same time the Court and the prosecuting authorities have been threatening the complainant and informing him, that the Police will harvest Cannabis in the research farm of Ospělov again. The house search and the confiscation (the confiscation in the Educative Cannabis clinics in Prague included)have been happening as non-suspensive operations.
As the complainant is taken as criminal, he and his family cannot take the kids for the foster care. At the same time he was forced to not work and the Constitutional Court didn’t accept his complaints and he didn’t have right to go to the Court and clear his name. On the grounds of the falsificated opinions of the expert witnesses, there was an unsuccessful process about the legal capacity of the complainant. There were a lot of authorities protesting against it, as you can find in attachments numbers 1.30 and 1.31. In presence there is also an unsuccessful process about the placement of the director of the research to the mental hospital, as you can find in the attachment number 1.32. All these things have been happening in the situation of many positive references, the governmental price got for the education of the public in the case of the Cannabis treatment, the prime minister references, the Government office etc. Since 1995 the complainant has the contract with the University of Palacký, as you can see in attachments numbers 1.33 – 36. At the same time he has to face to many false slanders and denunciations, which his colleagues has to refute to the Courts and offices, as you can find in attachments numbers 1.37-38.
Article 9 – Freedom of thinking, conscience and religion
There is a lot written about the prohibition of the scientific research in all the previous complaints and also this complaint. But people don ´t have right for freedom conscience and religion, as it is proved here: http://occupycannnabishempstreet.blogspot.cz/, even through the petition with many famous and well known people. The town office of Ludmírov, which has been the office for the Ospělov village where the farm is situated as well, has been allowing to the members of the research „Konopí je lék“ ecumenical service and meetings about the killed and crippled citizens and the forgiveness prayers in the chapel „Nanebevzetí Panny Marie“ in Ospělov for more than 4 years.
Article 10 – Freedom of expression
Public TV ignores the aged requests of the public debates about the law and order of the process, the debates about the Cannabis growing legality without the permission proved in 2004. Until 1st April 2013 it was legal to grow Cannabis for the research and industrial purposes and it was without the limitation of THC presented, as it is proved in the attachment number 1 which says, that the Police doesn’t have any methodology of the THC measuring in Cannabis placed in law, the Police has been acting criminally against the human rights, that there is a loss of public and private assets etc. Public and private mass media has been expurgated. The pressure of the pharmalobby is obvious, unluckily the doctors have not been very educated in the case of this treatment and the country doesn’t give a try to give some awareness.
Article 11 – Freedom of gathering and uniting
As you can find in the attachments listed above and also attachments following, the prosecuting authorities never accepted, that several non-governmental organisations have been participating in the research and owned the Cannabis confiscated. The rules of all the non-governmental organisations together with the list of the names of members were given to the Court together with the complaint number 20049/14. There are 2 rectors of the University of Palacký, many professors, docents, doctors, and other professionals as the members of the company „Konopí je lék“, as you can find in the updated list here: http://bad-sachsa.blogspot.cz/
As it is proved in the debt of the first confiscation from 2009 (attachment 1. 39a.), the Czech republic caused enormous loss to te research. The Czech republic never judged the artificial person, but it always judged just the director of the research, as the complainant and at first also his wife (set free, not compensated). In the attachment number 1.39b it is proved, that we repeatedly informed the Court about the legal (and then confiscated) species of Cannabis and that we repeatedly asked for the investigative experiment. In attachments numbers 1.40 – 45 there are statements of the Czech non-governmental organisations, who have been participating in the research of the specialized company „Konopí je lék“, of barrier-free company „Ateliér ALF“, the company for the social ecology „Art Language factory“, the community for the Olomouc foundation of philanthropist supporting and the „Open Royal Academy“ association. The statements were directed to the regional Court of Prostějov, which wanted the confiscation (not supported by the liquidation protocols) of Cannabis from the research farm of Ospělov from 2010 and 2012 forfeit to the Czech republic state and legitimize the criminal acting of the Czech republic, when there was a loss of 90% of the assets confiscated. By listed statements it is possible to prove, that the non-governmental organisations stand on the compensation. Nowadays there is an appellate brief proceeded by the regional Court.
Article 13 - The right for effective remedy
As it is proved in the complaints given before and also this complaint and attachments, the complainant doesn’t have any effective remedy. This has been the seventh complaint to the Court already. All the processes and complaints were stopped, even the rectors of the universities, many citizens and non-governmental organisations gave the complaints at the same time, as it can be found in the attachment number 46a.
Article 14 – Prohibition of discrimination
As it is proved in the attachment number 46a the expert witness statement was, that people are discriminated and judged because of their illness, when they know and understand (as the educated people), that Cannabis is gentle and effective treatment. Since 2015, when it will be hopefully possible – after the delay of one and half year according to the law- to get Cannabis in the pharmacy, the discrimination will be measured by the age and assets.
Cannabis from the pharmacy is extremely expensive and inaccessible, on the top of that it will be forbidden to kids, even the oncologically ill. The Cannabis treatment has very good results in this case (for example in Israel), mainly because of regeneration of the tissue devastated by the chemotherapy and also because of the pain. As it was proved in the complaint number 20049/14, the Czech republic evidences many kgs of Cannabis products to the UN every year. They have been designated for the research. In March 2010 The minister of health reacted to the letters of the citizens and wrote to the parliament, that THC (Dronabinol) can be used by ill people since 2009, but no-one in the ministry wants to say, where they can get these substances and where they are going to. 17th November of 2013 „Open Royal Academy“ (CZ) suggested one more legislative proposition to the parliament, but no political party reacted to that, as you can see here: http://konopi2014.blogspot.cz/
The proposal could solve the registrated own-growing as the prevence of the black market increasing and the prevence of criminalising the citizens, the research realization (the University of Olomouc has very good theoretical, capacity and professional basement to make a research of the medicine transport) and also the formation of regional Cannabis Social Clubs, more precisely Hemp & Medical Cannabis Social Club model, because the Cannabis is The Cure (Konopí je lék) research is also the state-economical research.
Article 17 – the law abuse prohibition
The criminal law using in the case of prohibiting the research, healing and Cannabis using is a crime. Even though in the Czech republic law there is the regulation § 12 subsection 2, which says that the criminal case has to have the signs of harmful effects which cannot be the case of Cannabis, even there is § 28 talking about destitution, when the man has a right to break the law in the emergency case when his/her life is in danger, even there is § 31, subsection 1 which allows to overstep the law when it is about the socially profitable case and mainly, even though this activity is legal and even when it wouldn’t be, the criminalising goes against many regulations against the Charter of fundamental Rights and Freedoms and the Convention, the Czech republic doesn’t care about the listed things as it is the country of non-educated people, criminals and hypocrites.
In 2010 in the first proceeding with the director of the research and his wife the wife said (as you can find in the attachment 47), how the Cannabis treatment has helped to her husband.
As another proof we can show the aiming ambiguity of the law setting, when the deputy and mayor ask the prosecutor about the conditions of medical growshop running. He gives an evidence about the professionalism of the director of the research and the prosecutor asks him to go to the lawyer, which can be found in the attachment 48. In the attachment 49 we can find the statement of the deputy of the company „Konopí je lék“ which was directed to the Court with statement, that the acting against the director of the research excludes the Czech republic from the civilized area. Also he proves that the director helps to gravely ill people. In the attachment 50 we can find the statement of the emeritus rector of the Central European University and the University of Palacký where he says that the Court acts in the same way like in times of communism.
In the end we should add, that the director of the research (as it was proved in the previous complaints) got – nevertheless it was prohibited by the Constitutional Court of Czech republic – high financial penalty by the regional Court of Prostějov. That penalty was given because of the wrong formulated written apology from the Police interrogation, where the complainant stated, that one day will come when they will be judged as criminals and penalized according to the law. Because of the happening „Revoluce s kytkou v ruce“ 17th of November 2010 („The revolution with flower in the hand“, as you can find in YOU Tube) and the document „Rok konopí“( The year of Marihuana“), the complainant got a penalty as well. When the complainant (4 months) reminded a Deputy prime minister about the promise from the parliament (there were witnesses as well) to apply §§ 12, subsection 2, 28 and 31,subsection 1 of the criminal law for the Cannabis growers who grow on purpose of healing, and also to notificate the law about the addictive drugs according to the regulation 98/34/EC, and when the Deputy prime minister didn’t answer 4 months in a row and didn’t make that happen, the complainant send her a short text message in belief, that Police will proceed the case. In the message there was written, if she would also like to pass away as the people, who will pass away by their inactivity etc. Soon the complainant was indicted and condemned by criminal command for that. The prosecution was annulled before the main proceeding because of alleged legal disability of the complainant. Nevertheless the complaint directed to the prosecutor’s office of Prague 1, there was no process allowed by the prosecutor.
Information about the used domestic remedy and the date of final decision.
The convention breach objection: čl.2, 3, 5, 6, 7, 8, 10, 11, 13, 14 a 17
19th February 2014 the Constitutional Court rejected the complaint in the case of Cannabis confiscation for the fourth time and also the complaint about the illegal behavior of Police in the case of measuring the percentage of THC which didn’t happen according to the law and the complainant was accused from the illegal drug-production because of that. The complainants ask for the European union law discussing, but the Constitutional Court rejected the proceeding by the CJEU and rejected to proceed the case of crime against the human rights and also the case of mysterious loss of the Cannabis confiscated by the law enforcement management - number II.ÚS 289/14. The Constitutional Court repeatedly rejected to proceed the observing of many important articles of the Charter of Fundamental Rights and Freedoms, which were repeatedly brutally contradicted and broken.
article 1 of Charter of Fundamental Rights and Freedoms, which says that people are free and equal in dignity and rights and that the basic human rights and freedoms are inalienable, indefeasible, imprescriptible and irrevocable.
article 2 subsection 1 - 3 of Charter of Fundamental Rights and Freedoms
article 3 subsection 1 and 3 of Charter of Fundamental Rights and Freedoms
article 4 subsection 1 - 4 of Charter of Fundamental Rights and Freedoms
article 5 of Charter of Fundamental Rights and Freedoms
article 10 subsection 1- 3 of Charter of Fundamental Rights and Freedoms
article 11 subsection 1 of Charter of Fundamental Rights and Freedoms
article 12 subsection 3 of Charter of Fundamental Rights and Freedoms
article 15 subsection 1 of Charter of Fundamental Rights and Freedoms
article 20 subsection 1 of Charter of Fundamental Rights and Freedoms
article. 23 of Charter of Fundamental Rights and Freedoms, which says that people have right to oppose to anyone, who would eliminate democratic system of the human rights and freedoms, which has been stated in the Charter, especially when the function of the constitutional organs and application of the law is impossible.
article 26 subsection 1 of Charter of Fundamental Rights and Freedoms
article 27 subsection 1 of Charter of Fundamental Rights and Freedoms
article 31 of Charter of Fundamental Rights and Freedoms
article 36 subsection 1 and 2 of Charter of Fundamental Rights and Freedoms
article 37 subsection 3 of Charter of Fundamental Rights and Freedoms
article 38 subsection 1 and 2 of Charter of Fundamental Rights and Freedoms
article 39 of Charter of Fundamental Rights and Freedoms, which says, which behavior is defined as a criminal case.
The Court decision was repeatedly based on the falsificated expert witness opinion (which was even not available, when the Court was proceeding that case!) which talked about the alleged incompetention of the complainant - director of the research. The Court said, that the complainant cannot go to the Court and cannot understand about his criminal acts, but there are scientists, rectors of Universities, experts and amateurs, the public, non-governmental organisations and also the mayor of the town of Olomouc (where family of the complainant live and where cooperating Czech non-governmental organisations moved to unite into „Open Royal Academy“), who can prove the expertise of the director of the research.
We should add again, that the international research of the medical effects of Cannabis have started exactly in Olomouc in the fifties, and also that the complainant has made a contract about cooperation with the University of Palacký in Olomouc in 1995 already. 20 years later – in 2013 - the complainant was nominated for the Price of the town of Olomouc by the rector of the University and other professors, doctors and specialists, Czech and abroad non-governmental organisations and associations. It can be found here: http://cena-olomouc-cannabis.blogspot.cz/
The complainants already used all the possibilities for remedy inside the Czech republic, they took a legal action against the processes of the human rights crimes, which have been held since 2005. Immediately after the first confiscation in the research Cannabis farm of Ospělov in 2009 artificials and individuals took a legal action repeatedly, the have asked for the Police protection, as you can find in attachments 1.10, 1.14b . The requests for the process re-opening according to the law breaking which were directed to the Justice department were also ineffectual.
Because all of that, the complainants ask the Court to proceed the revocationof permissibility of the complaints proceeded already – according to the article 31 and article 41, point 5. They would like to ask for an investigation in the case of the director of the research criminalising and the confiscation in the research Cannabis farm of Ospělov in 2009 – 2012 (following in „H“, point 44), which have been archived by the CJEU until 6th February 2015 and also they would like to ask the Court to make a decision about these cases together with this complaint and to change its previous decision.
Information about the proceedings with other international organs
The European committee (liquidation of the research „Konopí je lék“ in the years 2009 -2012) the number CHAP (2012) 00282, decision from 8th July 2013
As it was proved to the European commission, gross breach of the European union law happened, because there was a prohibition of preliminary questioning to European Court, with the evidence of observing the regulation 98/34/EC which has happened by the non-notificated amendment in the technical regulation of the law about the addictive drugs in the relationship with Cannabis as the tradable product (not only) in EU. In 21st February 2014, after one year of proceeding, the European committee has made an incorrect decision, that the law about the addictive drugs doesn’t need to be notificated according to the regulation 98/34/EC, with the same argumentation as the Ministry of Health had in 2012 – that the law was approved before Czech republic became a member of the European union.
The amendment approved from 20th May 2004 which relates to § 29 (the Cannabis growing without a permission), the amendment from 29th April 2009 which relates to § 8 (manipulation and distribution of Cannabis with the permission) and from 1st April 2013 which relates to § 5 subsection 5 (processing and distribution of Cannabis without permission) were not notificated according to the law of EU.
In final decision the European committee proved, that the Czech republic notificated the law in 2012 (with the effectiveness from 1st January 2014), but even that notification cannot be valid, because the text which appeared in Brussels is very different from the law proved by the Czech parliament (273/2013 Sb.) in an important cases and technical regulations, which is in contradiction with the regulation in the article 8 of 98/34/EC. Even though the European committee knew, that the Czech republic denied the right of the complainant to go to the CJEU, and even though there was a crime against humanity which has happened in the Czech republic proved, the European commission has made a decision, that they will not transmit this case to the CJEU.
If there is a need to consult the complaint in the French language, please contact the European lawyer and the member of the Board of AK Diag Human Cannabis Thomas Müller, tel: 00420602962246, if there is a need to have medical consultation, please contact the doctors and members of the Board of specialised company „Konopí je lék“ - Aleš Skřivánek, tel: 00 420602740985 and Irina Hubeňáková, tel: 00420723880838. Soon we will provide you with more contacts.