“Re: Request Washington to Protect Czech Republic Against Accusations of National Discrimination in the European Court of Human Rights

11 June, 2009

Dear Mr. Fischer:

Today you were present in Parliament during hearings concerning discriminative labor policies practiced by American Radio Free Europe/Radio Liberty (RFE/RL) in the Czech Republic. The hearings were initiated by MP Vaclav Exner, Chairman, Parliamentary Subcommittee for Protection of International Image of Czech Republic.

In particular, Mr. Exner informed the Parliament that Czech Republic will be taken to the European Court of Human Rights in Strasbourg for its (Czech courts) failure to protect labor rights of foreign citizens employed by RFE/RL. Speaking to Parliament, Mr. Exner referred directly to his correspondence with me. (http://www.psp.cz/eknih/2006ps/stenprot/059schuz/s059087.htm).

May I add here that legal claim accusing Czech Republic of supporting direct national discrimination in employment, as, in the words of Mr. Exner, is practiced in this country only by Washington-financed RFE/RL, should be presented to the Court in Strasbourg not later than September 16, 2009. This also means: During tenure of your government.

Let me also draw your kind attention to the fact that all numerous lawsuits won in Strasbourg by the applicants against European governments (including such established democracies as Great Britain, France, Germany, Italy, Norway, etc. — as well as against Czech Republic), were originally lost in national courts. With this in mind, I am urging you to act in the best interests of the Czech Republic and prevent the presentation of legal claim to European Court of Human Rights. Legal matters aside, the very fact of such claim seriously and factually documenting national discrimination, would be a moral disgrace and political scandal for any country. This is especially true in respect of the Czech Republic, which is exposed to permanently recurring accusations by international media and NGOs of tolerating national inequality.

Do not be mistaken: RFE/RL whose labor policies Czech Republic will have to defend in Strasbourg (ironically, such will be an ugly reward to your country for its financial, territorial, political and human hospitality), never won in Czech courts. International and Czech media echo of the court cases is simply devastating to the reputation of that Radio and, by extension, to American image abroad. The list of negative media publications is virtually endless. Here are some headlines, to mention but a few: “Czech sovereignty ends on Vaclavske namesty”, “Free Europe with its own laws in colonial Czech Republic?”, “Radio Liberty betrays its ideals”, “Radio Free Europe – Guantanamo in Prague”, “Equality with precondition. Practice of Free Europe contradicts its ideals”, “From human rights show to human rights court”, “Doomsday of Radio Liberty”, “Public disaster instead of public diplomacy”, “Prague spring of 2009 leads to Strasbourg”, “U.S. Attorney General is asked to investigate fraud at RFE/RL”, etc.

With only one exception, I will not quote media voices, whose titles speak for them. The exception is the article “News Flashes from Radio Free Europe/ Radio Liberty” by Mitchell Polman published on June 3rd by “Understanding Government” in Washington. Board of Directors and National Advisory Council of “Understanding Government” includes, among other respected names, two former White House press secretaries, Pulitzer prize winners, fm. State Governors, Harvard and Yale University professors. Quote:

“It would seem appropriate for the White House to step in and ask both sides to call off the lawyers – and resolve the unfortunate and unpopular legal dispute. Thus far the Obama Administration has been silent on the issue. A resolution of the legal case as well as the underlying strategic problems that made such a lawsuit possible seems essential not only for the sake of RFE/RL’s current and former employees, but also for the future of the Radios and their still-vital mission.”

Dear Mr. Fischer, the article in “Understanding Government” requests the intervention of White House in the interests of the United States and American RFE/RL. I suggest that your government request the intervention by White House in the interests of your country, the Czech Republic. It means not to wait passively till the scandalous for Czech Republic and the United States court cases reach Strasbourg (under guarantied and painful accompaniment of international and local media), but address Washington now with clear request for out-of-court settlement.

I recommend it as an expert in mass media and law. But also, as an American citizen who lives in the Czech Republic and loves these both countries. In addition, I have no doubt that your government, even being technical, is, in the first place, the Czech government acting in the interests of the Czech Republic as a sovereign country.

Sincerely,
Lev Roitman
Retired as Senior Commentator after 30 years
with RFE/RL in New York, Munich and Prague

Ani Mardikian

Whatever will be practical consequences of Mitchell Polman’s thoughtful recommendations contained in his article News Flashes from RFE/RL, one (no)consequence is immediately predictable. His article will not flash on RFE/RL website, which, to use the words of one famous Soviet-era political prisoner, “is edited like a wall newspaper in police precinct”.

Mr. Polman’s article for the first time provides the full text of the Petition (by link) requesting Attorney General to investigate systematic fraud at RFE/RL. To add: copies of the Petition were addressed also to President Obama, Hillary Clinton, chairpersons and ranking members of the relevant Senate and Congressional committees. Reaction of RFE/RL’s legal counsel to the said Petition is patiently misleading: not a single RFE/RL employee ever asked to be deprived of legal protections by being placed in legal vacuum. Whatever benefits RFE/RL provides to its rightless foreign employees in Prague, were provided to them also in Munich but with a full legal protection.

Incidentally, the Petition documents devastating to U.S. Congress-funded RFE/RL and, by extention, American public image abroad ongoing international media echo. Understandably, that echo did not resonate on RFE/RL webpages.
Lev Roitman, Prague