The court has retreated from the original conditions for beating the prisoner, liberating the former supervisor

All four were originally punished by suspended sentences, but the Supreme Court canceled this verdict on the basis of the three of them.

The chairman of the District Senate Martin Feřt stated in the justification of the judgment that the Supreme Court's conclusions were followed, even in relation to the defendant who did not file an appeal.

“By looking at the Supreme Court at some deeds, we also assessed the deeds of another defendant, and we concluded that parametrically and the acts correspond to those that the Supreme Court dealt with. That is, they were to be assessed only as a disciplinary offense of members of the Prison Service, ”said Feřt. Today's decision is not final, the prosecutor retained the deadline for a reflection.

These are one of the six cases in which 15 guards from Rýnovice were charged with the same crimes, and there is no definitely closed. The courts deal with the conduct of the guards from Rýnovice at the Department of Penal Penalty (OVKT), from February 2020 to January 2021.

According to the indictment, they did not manage the tense emotional situations and instead of proceeding in a legal way, the prisoners arbitrarily punished for the mischievous behavior to ensure peace of service.

Kick in the chest and slap in the face

In this case, the main defendant was Jan Klíma, and together with him in two of the six deeds, 32 -year -old Libor Bakeš, also thirty -two -year -old Jakub Smoleňák and David Halama.

In one case, Klima punished the incomplete behavior of Lukáš K. by kicking him in his chest and struck his palm twice in his face. In another case, he sprayed a tears into his cell, did not release the mattress in another, and once he did not solve that another prisoner was smoking on the cell. In the last case, Bakeš caught Lukáš K. for his jaw and verbally threatened him, which were present three other defendants.

The Senate in Jablonec was based on the opinion of the Supreme Court, according to which it is necessary to take into account whether the prisoners wanted to cause serious health problems, which did not happen in this case.

“The Supreme Court concluded that the defendants were arbitrary and inadmissible punishment of the victim of Lukáš K., but accentuated the reasons that the defendants led to such conduct. According to the Supreme Court, it was not a typically bullying conduct to which they would resort to their own pleasure or from bare malice. The defendants for the illegal conduct provoked the inconvenient behavior of the victim, which significantly deviated from the usual behavior of prisoners placed in the department for the execution of disciplinary punishment, ”added Feřt.