The ÚS made the anonymized resolution available in its database. Movement restrictions began for Novák in 2017. It was part of the conditions of his release from custody, along with a bail of 15.8 million crowns. The indictment is now being considered by the Ústí Regional Court.
Novák complained, for example, that he could not even visit Germany for more than five years. At the same time, he has German citizenship.
He repeatedly appealed to various courts, including the constitutional court, but was unsuccessful, mostly with the explanation that the restriction of freedom of movement does not last long enough to constitute a violation of constitutionally guaranteed rights. Now the violation of rights and freedoms is indisputable, said Novák in the latest complaint.
The trial of politicians and businessmen in the ROP Northwest case has begun. They tried in vain to change the judge
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The ÚS recalled that the judiciary did not cancel the restrictions last year, but eased them. Instead of a general ban on travel, the regional court used another section, which allows the chairman of the senate to allow travel abroad for important reasons and for a specifically defined period of time, for example due to a business trip.
It was the relaxation of the regime that the ÚS evaluated as a “fundamental and relevant” circumstance.
“There is nothing unconstitutional to be found in the mentioned procedure and the conclusions of the general courts against the background of all the circumstances of the case under investigation,” the resolution reads.
The criminal case, in which 27 people figure, concerns the distribution of European subsidies in the Ústí and Karlovy Vary regions from May 2008 to September 2011. The defendants include former governors, councilors, businessmen, and high-ranking officials.
The former director of ROP North West Petr Kušnierz initially testified that he consulted with businessmen Novák and Daniel Ježek, who were then identified by the prosecution as the main actors of an organized criminal group, about the support of individual projects.
However, in March, Kušnierz changed his testimony at the regional court and stated that he did not listen to anyone, was not subordinate to anyone, and is not aware of anyone influencing the evaluation process.
Kušnierz changed the notice. He claims he lied under pressure from the police and the prosecutor
Homemade
It is said that the police and the public prosecutor wanted a big case for him. The court of first instance will consider the indictment for a whole year, it wants to hear almost a hundred witnesses.
Between 2000 and 2006, Novák was a senator for the ODS. In 2012, he was punished for accepting a bribe that he received as mayor of Chomutov for mediating the sale of the city’s shares in Severočeská energeticka and Severočeská plynárenská societá.
He spent two years and a month behind bars, leaving prison in June 2015.
On Christmas Day 2016, at the request of the Czech side, the German police detained Novák at the airport in Frankfurt am Main due to the ROP Severozápad case. He spent ten months in German custody before being extradited to the Czech Republic.
He is being prosecuted for actions classified as eight different crimes, the main one being the organization to abuse the authority of an official for the benefit of a criminal group. If found guilty, he faces up to 16 years in prison.
Exsenator Novák bought hotels for millions after his release from prison
Homemade