Prague, 23 January 2025. The Prague City Court, a court of appeal, decided today that the acquittal of Col. Jan Muzikář rendered on 29 October 2024 by the District court for Prague 1 was wrong, returning it to the court for a new judgment. Mr Muzikář (*1934), Deputy commander-in-chief of the Border guards from the years 1980-1989 is on trial since 11 June 2024 for the killing of three and the wounding of eleven refugees trying to escape to the West and intercepted near or on the Iron curtain in former Czechoslovakia. But for one Czech victim, all the others were German nationals (see our press release of 11 June 2024).

Mr Muzikář, the highest surviving commander of the Communist Border guards, is standing trial as a result of criminal complaints against perpetrators of killings on the Western borders of former Czechoslovakia filed with the Federal state attorney in Germany in 2016 and with the Supreme state attorney in the Czech Republic in 2017 by the Platform of European Memory and Conscience, as a part of the JUSTICE 2.0 – project. Originally, the last surviving politburo members Milouš Jakeš (Secretary General of the Communist party), Lubomír Štrougal (last Prime Minister of the country) and Vratislav Vajnar (last Minister of Interior) were indicted too, but the former two passed away before a court date was set and Mr Vajnar died a month after the opening of his trial in April 2023.

The Prague City Court said today that evidence against Mr Muzikář had not been taken into account properly. Next to other archival evidence, Platform researchers had found detailed written orders regulating the operation of the Border guards signed by Mr Muzikář which they presented to the court. However, the District court for Prague 1 ruled that Mr Muzikář was only fulfilling his regular duty and acquitted him.

“The first-instance judgement was reminiscent of the defence used by former Nazi perpetrators – ‘he was a good citizen, only obeying orders’. We are pleased that the Prague City Court stood up for the fundamental human rights of the victims,” says Dr. Neela Winkelmann, former Managing Director of the Platform and manager of the JUSTICE 2.0 – project.
“Waiting for justice for the victims of the Iron curtain in the Czech Republic is proving to be tedious, but we firmly believe that justice shall prevail,” says Peter Rendek, current Managing Director of the Platform.