According to the verdict of the Constitutional Court justice system breached the right to a fair trial, the judge said rapporteur Catherine Šimáčková. To eighteen months in jail man in 1986, he sent a military court in Presov because he refused to go on duty in the armed forces. After the change of regime in 2011 was rehabilitated and subsequently volunteered for damages for unlawful imprisonment. Courts had initially admitted more than a quarter of a million crowns to him by the Department of Justice also paid off. But the Supreme Court then ordered that all the money had returned, and was based on the interpretation of the Constitutional Court earlier decision.
The case was the fact that the right to adequate compensation stems from the European Convention, but at the time of imprisonment not to become binding. “Even the legislature, much less by the courts certainly can not compensate all the wrongs that arose during the Oppression. It is better if for later recognized interpretive mistake Constitutional Court in favor of the victims of the communist regime pay from the state budget, rather than have these victims feel that they are also state institutions of a democratic regime play an undignified game of disappointed hopes, “said Šimáčková.