ENTRANCE AND STAY IN THE CZECH REPUBLIC

There are different rules for foreigners in the CR depending on the fact whether they need a visa for the entrance to the CR, or not.

To enter you need every time:
- the valid passport (for citizens of all states - including EU member states!)
- the valid visa (only for citizens of some states - mainly from ex Soviet Union not for any of EU member states)

The Border Police can also require:
- to show ”the document about health insurance payment”
- to show ”the sufficient amount of means for staying in CR” (money, documents about payment of accomodation in the CR,...) - recommended amount is about 10 DM for one day of your stay 

Your entrance can be (or have to be) denied in case that:
- you have not some of  requirements described above or
- you are an ”undesirable person” in the Czech republic (see down) or
- your photograph in the passport differs from your look at the time of entrance or
- the time of validity of your passport does not exceed at least 90 days of the validity of your visa
- if you could endanger the safety of state or public order because ”you did use the force in promoting political aims or your activities are dangerous for basis of the democratic state, or you repeatly frustrate legal rules or the enforcement of judgments or administrative judgements (like a final judgment of administrative banishment)”.

Persona non grata (Undesirable person)
”Persona non grata” (undesirable person) is a foreigner to whom the entrance to the Czech republic is not enabled because he or she could endanger  ”safety of state, public order, protection of public health or protection of rights and freedoms of the others or similar interest protected by an international contract”

The decision of indicating foreigner as an undesirable person in CR is based on:
- the Police own consideration (resulting from their knowledges about the foreigner) or
- the requirement of central administrative authority of CR (like the Home office) or
- the requirement of security (intelligence service) of CR (like BIS - Bezpečnostní a informační služba)

The Police indicate a foreigner as an undesirable person also if there is:
- a final judgement of banishment or
- a final judgement of administrative banishment of foreigner

A foreigner is failed in the ”List of undesirable persons”, but the Police do not impart to him or her that he or she is failed as a persona non grata in CR, so the foreigner does not know about this fact.

The reasons for unvoluntary finishing of your stay in the Czech republic:
1.) a final judgment of banishment
(it is a form of punishment in criminal law admissible only for foreigners, the possible time of expulsion from the CR is from 1 to 10 years or also for undeterminable period)
a reason for this punishment is a committing of a criminal offence which is followed by criminal proceedings and sentence  
 
2.) a final judgment of administrative banishment
(it is a form of administrative punishment, the maximum period is 10 years)
a reason for this punishment is for example: non-valid passport in time of police control, unwillingness of evidence of your identity!!!.... 
you have got the right to appeal against it! (but only to 5 days from the day of announcement about this punishment)
because of your acting you can be detained by the Police for maximum 48 hours, sometimes - for future administrative action - you can be after this time pass on to ”the foreign and border Police” and then detained until next 180 days by them.

3.) ex offo ending
if you ”intentionaly endangered public order or infringed rules of Stay of Foreigners Act (Zákon o pobytu cizinců č. 326/1999 Sb.)”
a) if you do not need a visa for the entrance to CR - you will got ”a departures visa” and you must depart the Czech republic in determinated time
there is no possible appeal against a departures visa
b) if you need a visa - the validity of your visa will be ending 

RIGHTS AND DUTIES IN THE CZECH REPUBLIC

Basicly foreigners have same rights as Czech citizens. The differencies are possible only if the law (statute) admitted it - especially Stay of Foreigners Act.

Special foreigners duties
- if demand by the Police, to show the passport 
- to be patient in the taking of fingerprints or pictures by the Police in the connection with ”administrative action about banishment or only finding your identity by the Police ”. 

Some important constitutional rights in the Czech republic:
- to organize peaceful demonstrations, happenings, street actions... (it is interpreted to mean not demanging property or people and not disturbing or restricting other peoples freedom)
- to be arrested and proceeded in a language they understand
- to not answer (or to not say anything)
- to have got a lawyer
- to not be tortured or ill-treated (beating, mental anguish...)

Rights in time of detention
- In most of cases will be your acting (sitting on streets or blocking them) only an minor statutory offence (petty case) - so not following by criminal proceedengs.

- But for example some more radical actions (obstruction of the police, assault of the policeman,...) could be a criminal offence  - only in this case is possible to detain you by the Police.
Usually time of detention without an accusation is untill 48 hours, legally maximum is 72 hours. After that you must be either accused of a crime or released . 
If you are accused of a crime, they can keep you in a custody only if there is at least one of following reasons: the possibility that you
1.) will leave the country and will not want to come back
2.) will influence witnesses
3.) will do a crime again.
In the Czech criminal law is possible to release someone on bail, at minimum 10 000 Kc (but never in the case of the second ”custody reason”!). This is not the right, only the possibility (it is given on consideration of a judge or a prosecutor).

If you are detained you have got the right:
- to refuse to answer
- to have got an interpreter
- to have got an lawyer (appointed by you or if not by the Police)
- to inform someone about your situation
- to have got every six hours a meal (if you demand vegetarian vegan or Kosher meal is in practise usually impossible, but you can try to demand for them) 
- to refuse to sign anything
- to obtain a copy (print) - but on your own costs
- to propose evidences, witnesses...

ADVICES FOR DEMONSTRATIONISTS
 
- It is prohibited to carry weapon in the time of a demonstration in the Czech republic. The Criminal Code defines ”weapon” as everything that can be used to attack body or property. (But the carrying of weapon will be usually an petty case.)

- The possession of any kind of drug (also ”light”) can be a commission of a crime (but only if you possesse the amount ”bigger than small” - in practise this could be only several joints!) in the Czech republic. 

- Czech law does not criminalized the wearing of stocking masks like german ”passive Bewaffnung” but it is better to wear carnival masks...

- A policeman is not considered as a ”public official” (a policeman) if he or she has no identification number.

LEGAL HELP IN TIME OF PROTESTS

There will be basic legal help organized by Czech NGOs including:
- pamphlets for demonstrationists with law informations and contacts 
- creating of ”The Center for legal advices” by professional lawyers and volunteers

There is also possibility of an existence of independent ”legal observers” - for more info please contact EPS (Environmental Law  Service) - legals@email.cz