- RFERL Watch
- Oct 10, 2024
- 14 min read
"Where is my home" is originally a song of two stanzas , composed for the character of the blind violinist in Josef Kajetán Tyl's play Fidlovačka or No Anger and No Fight from 1834. The song soon became popular and became the Czech patriotic anthem, then its first stanza became the Czech part of the Czechoslovak national anthem , in which it was followed by the first stanza of the current Slovak national anthem ( Nad Tatrou sa blýska ).

So much for the introduction to my next post today, which basically summarises the main points of our next fight with Radio ГA / ГA, which flared up one March day in the summer of 2023 year. Similarly, as Josef Kajetán Tyl the other day, the censors banned this song from being included in the band Lesní panna or the trip to America (how apt!), it was cut out of songbooks and the censors put it on the list of dangerous writings. After all, even the local trio of the righteous took care of a similarly censorious masterpiece.
As described in one of my previous posts "Give him a muzzle" , my open fourteen-page bilingual email dated March 8, 2022, addressed primarily to their highest superior and to the mailboxes of the then head of Radio ГА / ГА, caused unprecedented thought diarrhoea among them with its content. It was triggered by information describing, with concrete examples, the crystal clear practices and cooperative relations at my workplace at the time, the revealed background of our mutual lawsuits, the suspicion of their strange mutual connection with the local judicial power, and most importantly the detected manipulation of evidence in the files. They were especially enthused by my final determination not to keep these things to myself only, but even more, to feed them to the ears of their funders and anyone who would care to hear about it.
After all, something like BBGWATCH and USAGMWATCH here , which as watchdogs mainly guard the way of using the roughly $800 million USAGM budget, or the money of American taxpayers, while pointing out the oddities in the management activities of their subordinate entities, including Radio ГA / ГA. It is an interesting piece of information that the founding member of this project in 2008 was also the later former highest in its food chain.
At the time, I naively thought that this activity of mine would finally trigger some communication between us. At the time, I still didn't understand how you could simply get rid of an employee without a detailed investigation into the reasons for his termination, basically just an affidavit of the superior, which is subsequently enhanced with "Photoshop" .
How did the Municipal Court of Appeal in Prague state that? That the employer has the right to fire his employee? Basically something along those lines.
And what about the local peak?
After reading this email, she sat down, on the recommendation of #LA ("Dr. Leklá Andělka"), decided to delegate this battle to their contractual law firm represented by #MV ("Mgr. Prasátko"), pilatesically washed her hands of the facts presented here and for this time she left "Black Peter" to their top human resources officer.

After more than a month of inactivity, on April 12, 2022, with the light heart of a superman, she briefly answered the following:
For those of you who do not speak the Anglo-Saxon language, it is simply written here that they are passing me on to their lawyers, thereby considering this whole matter as resolved and they do not want to hear from me any more.
I would like to state here that I did not listen to them and in the weeks that followed I shared my suspicions and findings in writing with the OIG and USAGM inspection bodies directly behind the big puddle.
I will report on the result sometime next time.
Hell, I still had the will to negotiate and negotiate.
Searching for a home
As I stated once in one of my previous posts, the actions of the local authorities towards me convinced me more and more that this country is becoming less and less "my promised land" for me. And so, in cooperation with my sister, we began to work hand in hand to regain my "chobol" citizenship, which I had to give up compulsorily in early 1993. Finally, the huge bureaucracy involved was defeated and I was once again, after almost 30 years, regained his revoked Slovak citizenship.
I thus became a dual citizen in 2020. With permanent residence in Slovakia, a Slovak citizenship, a passport, an employment contract, a bank account and an ownership interest in real estate in the land registry. I was actively involved in the social life there, in the elections and with plans to move here in a few years and also live there figuratively.
I understood the mail from the personnel department of Radio ГA / ГA as a message that if you want something with us, contact "the lamp house", meaning our legal representative #MV ("Mgr. Prasátko"), because "We" have everything here crystal clear and it couldn't be more crystal clear, as a certain Czech prime minister once said in his defence after a certain screw-up in the parliament.
My understanding is that they don't care if I share my findings with someone who "contributes to their milk".
And so the day passed, and a week after the answer to my open letter, on 21/04/2022 at 15:10, #MV (“Mgr. Prasátko”) appeared personally at the filing office of the District Court for Prague 10, posted a bond of CZK 10,000, paid at the location of the stamps, filed a lawsuit against me and arranged for it to be heard by the "16C" panel (as can be seen from the filing stamp).
According to the public "work schedule" of the circuit court, the "preliminary" might not end up in the fair hands of this senate, so it was necessary to personally push the luck a little.
Digitisation by means of communication via data boxes had to go by the wayside now.
On May 19, 2022, a "Resolution" in the case of a lawsuit against me landed in my inbox. The text of the Radio ГA / ГA claim was "for the imposition of an obligation to refrain from publishing confidential and sensitive information" .
3 weeks were enough for our group of righteous people of the well-known court panel "16C", discussing all past and future cases of Radio ГA/ГA, to meet, sit and make a fair decision by default .
Obviously to my detriment and again without me.
The most unpleasant part of the whole thing for me was the fact that this time the court decided in the form of an immediate "preliminary measure". On the other hand, it must be gratifying for the local people to know how quickly the courts work, especially when it comes to "Aspen" matters . And the reason? Allegedly, journalists would die if someone, I mean - some of their superiors overseas - found out about the background of this whole case. Dying journalists came second, as it always does in similar cases.

Most of this "preliminary" can be read in the post "Give him a muzzle" and instructions on how to arrange the whole thing in a record short time are described here "Mičánecká losovačka" .
You might be wondering why I put all of this in the "Finding Your Home" section?
It is that citizenship and permanent residence in another state.
Since I was in the position of the defendant this time, the situation arose that the court proceedings were initiated by attorney #MV ("Mgr. Prasátko") out of custom in the court, which is derived from the address of my residence. This put me in a worse situation, because I had it far into the court file and at the oral hearing of the court, which in the end meant increased expenses for me when actively participating in the court proceedings.
By the fact that I was sued by Radio ГA/ГA in a court that does not have local jurisdiction, i.e. at the District Court of Prague 10, the court, with its preliminary measure - essentially met without me and decided again without me - committed an illegal act against me by having either find out on its own and, even before it starts acting on the matter itself, refer the matter to the locally competent court, or it could learn it from me, especially on the basis of the objection of local jurisdiction, which it must decide on and possibly refer the matter. Maybe even to another court panel. And that certainly wouldn't be the "16C" courtroom!
It is probably naive to think that we appealed against this "preemption" immediately and within the specified period. If we did not do so in time, it would be painted over and their lawsuit against me would be lost on our side. A preliminary injunction is a very powerful legal tool and reasonable courts use it as a saffron.
This is how it's played between big boys and girls!
I think that the above scenario was calculated a bit.
About the arguments we used in the appeal against this "overtaking" - perhaps until sometime next time. The more important fact, however, is that with this timely appeal, we achieved the fact that we were finally able to comment on this lawsuit at a regular court hearing, scheduled for the afternoon of January 11, 2023, in person.
Home in front of me, home behind me
So another 8 months passed and the day before the meeting date we got into my sister's car in Trenčín and set off on another journey, this time a 400 km pilgrimage to the court in Prague.
We had a clear plan - to personally meet the deputy judge of #JH ("Dr. Hustá"), which we were naturally deprived of by the preliminary measure, and most importantly - to finally present our objection of local non-jurisdiction in this matter.
For the sake of order, I state that the objection of local jurisdiction can only be made within the first procedural act, addressed to the court (especially the first statement of claim, addressed to the court at its request or even without it). Such a dry theory. I'll see how the practice goes, I thought at the time.
In the hallway, we met #MV ("Mgr. Piggy") in a traditionally good mood and accompanied by a young lady, constantly chirping something and looking up at him with admiration. I evaluated her as a member of his fan club and that he brought her here to the courtroom to show her in legal practice how to deal with "desolates". Later, however, we found out that she was a member of another fan club, namely the #LA ("Dr. Leklá Andělka") fan club, and that the reason for sending her here it was to submit a detailed plastic report upon her return to work.
And where was #LA ("Dr. Leklá Andělka"?
Since the appeal we won in the case of "discrimination" at the Municipal Court, Prague she has stopped harassing us with its presence.
As is customary, we presented both of our Slovak personal documents and sat down on the bench, which was unusually for us on the other side of the front line this time. The signal sounded and the lady judge opened the proceedings by repeating what we all already knew anyway. Without instructing us about what I am entitled to as a defendant and possibly asking us if we have any comments on the lawsuit, she turned to #MV ("Mgr. Prasátko"), a pile of papers in his hand, neatly tied with a tricolour string and by asking him if he has anything he would like to add to his complaint.
In his typical "Hujer bow", he handed her his papers and started muttering something to them.
In legal practice it's called taking evidence by "short cut", I think. But OSŘ is silent about the "Hujer bow", I know that for sure.
Suddenly, we started to have the unrelenting feeling that this "Prague trip" of ours is developing into a "losing game" again, in which we will traditionally only be in the role of extras. We wanted to prevent this and, not noticing the distinct brownness of his nose, we directly asked the judge through my sister's mouth:
"Your Honor. Should we take this to mean that the court proceedings have already started? Because we would like, according to court rules, to present our objection even before the start of the hearing."
There was an awkward scene when the judge inadvertently crumpled up the lawyer's papers in the silence and pretended not to know what to do with them. The brunette lawyer sits heavily in his chair and ponders the first year of his master's studies in his head, not understanding "what the hell are we doing here this time".
Into the long silence that suddenly took over room 302 of the "Mičánecké Factory for Justice", her terse - "Come on, please!" was suddenly heard.
And it was outside.
We filed an objection to the local jurisdiction of this court on the grounds that the general court for me, as a natural person, is the district court in whose district I live , so that court should be the District Court in Trenčín. Just in Slovakia.
Mr. Lawyer was about to faint and suddenly felt himself losing the support of his one-woman fan club.
The local arm of justice finally realised that just a moment ago she had dictated the initials of our Slovak citizens into the record and turned to the lawyer, gasping for breath, with a silent question.
You could tell from her expression - so what are you going to do about it?
He suddenly realised that his original lawsuit had already been filed in the wrong court and that his desire to hear this "monster trial" in this very court had come to naught. And is the extraordinary measure valid at all?
He has to get out of it! It's on his home-friendly court ground , isn't it? Is it about his reputation?!
The lawyer caught his breath and, in a voice full of suppressed excitement, began to spew out evidence that I must go through this process, until its bitter end, precisely at the District Court of Prague 10 and only at this panel "16C".
He started with detailed information about my real estate in Prague 10, about my permanent residence also there, about my account at UnicreditBank and ended it with the transparent argument that all our previous common cases were resolved by the local court!
The last argument from the "legal preparation" category was the first to be thrown off the table with our simple argument - in our previous lawsuits we were in the position of the plaintiff and he represented the defendant, i.e. Radio ГA / ГA, doing business as a legal entity at the address in Prague 10.
The argument of my payment for his victory in our joint disputes from one of my Czech accounts was just as valid as his information about my permanent residence in Prague 10. He knew very well that the concept of permanent residence is "only" statistical data.
And so he got away with the information, which this time made the sledge fall for us.
Suddenly, all the hints about my housing situation from the first meeting in January 2021 before #JH ("Dr. Hustá") about the fact that, even after their dismissal, I'm already employed and I don't enjoy the great amenities of the local people started to make sense to work and that it is definitely not the case that I am suffering from the loss of my job before my approaching retirement, and that there is simply no reason for an agreement and a mutual financial settlement.
The highlight, however, was the information of #MV ("Mgr. Prasátko"), which he presented to the judge as a trump card from a nest of lejster, hidden somewhere near its bottom. It was information about the details of the property (apartment unit) owned by me, which he probably obtained through his unceasing diligence from the "Real Estate Registry", including the dimensions, address and registration number. He tactfully kept quiet about its market price , and somehow I don't believe that he wouldn't look for it as well. This information could come in handy for the next time you break bread, don't you think? For example, arguing that I don't have money for some "unexpected" court fees?
Suddenly, the information from the local provider started to make sense to me, that regularly in the morning, after breakfast, in the afternoon and in the evening, usually before going to bed, the "same account" briefly logs in to this web site and carefully monitors the content here.
I estimate the last 3 years and roughly since the "muzzle" preliminary injunction was filed against me.
Additionally, I realised that it was from that list that he must have had information according to which "some unknown pseudo-policeman", in an apartment building with 182 mostly unmarked apartments, could knock on my door and personally deliver to me in the role of postman my dismissal from employment.
More about these practices was described in the article "Inquisitors and heretics XXI. century" .
The judge's reaction was clear. She had the hall cleared and went to the office for 15 minutes to study the real estate cadastre.
His face reflected the tension as before a first date with the vision of a subsequent sleepover in a stranger's apartment.
After returning to the courtroom, the judge confirmed that such information is indeed stored in the cadastre.
She remained silent about the fact that this does not confirm anything at all and that in the light of the submitted Slovak documents this statistical information is rather discredited. In addition, he currently did not have proof of whether I am not just renting this property, whether I really have a permanent residence there, whether I, some Ukrainian refugee, or only my fictitious dog sleep here . And so, much to the displeasure of the lawyer, she ended the session at that time and, according to the law, proceeded that to the Supreme Court of the Czech Republic for a decision.
The following part should be listed in the "Useful Links" section, but I am posting it here in response to questions from some of you.
"The court examines the condition of local jurisdiction either on its own initiative or on the initiative of a party to the proceedings. The contention of the lack of local jurisdiction is nothing more than a motion by which the participant invites the court to examine its local jurisdiction. This initiative does not have to be substantiated in any way, for the objection of lack of local jurisdiction, the party to the proceedings does not have to be clear about the local jurisdiction of the court himself, in order to raise the objection, it is sufficient if he has doubts about the local jurisdiction of the court where the action was filed. Objectively speaking, nothing prevents the participant from drawing attention to possible shortcomings of the claim in his first submission to the court, and at the same time expressing doubts about the court's local jurisdiction and precisely because of these doubts, objecting to the court's lack of local jurisdiction. If the court is to examine its local jurisdiction on the basis of such an objection, it cannot do without asking the plaintiff to provide the necessary information. The local jurisdiction of the court can only be examined at the very beginning of the proceedings.”
After leaving the courtroom, we used the unique opportunity to finally deal with the lawyer face to face and try to approach him in the corridor of the Mičánecký complex with a simple question, whether it would not be easier if he met with our Slovak lawyer and discussed the possibilities of an out-of-court settlement together, perhaps in Slovakia, where we invited him.
"To Slovakia? Never!" And I'm no "Piggy" either,
With these words, he hastily ran away from us, leaving us, including his one-man fan club, standing in dumb amazement in the hallway of the court here.
It was then that we definitively understood that his participation in representing Radio ГА / ГA in the matters of all our joint actions is taken only personally, and that the everywhere declared morality and honor that he should have in representing his client, as a member, disappeared from his actions as a "Chamber of Advocates" association, to manage and honor it unconditionally.
It is therefore understandable that a time ago we asked this professional association about his behaviour (and not only that).
About the result of the initiative and their response to it we will report next time.
Where is my home?
After returning to Trenčín, we compiled all the necessary documents for the petition that had just been filed and we sent them ahead of time to the District Court of Prague 10. We wanted to complete all the necessary facts for the Supreme Court, where our petition from the circuit court was headed.
This was mainly a confirmation of permanent residence at an address in Slovakia, a confirmation of regular payment for the disposal of municipal waste there, a confirmation of acquired citizenship of the Slovak Republic and a pledge to the Slovak Republic , a copy of the identity card, passport, extract from the Land Registry of ownership of a share in land and real estate in Slovakia, confirmation of ownership of a bank account in a local Slovak bank, sworn statement of persons confirming my stay in Slovakia at my permanent address, confirmation from the employer and from the personnel department there.
According to the well-known saying "he who is ready is not surprised", I started looking for a Slovak lawyer ahead of time to represent me before the court.
It started with a request to the Czech "Chamber of Advocates" association to register him as the Eurolawyer, paying a considerable administrative fee and adding an address for correspondence of someone from the Czech Republic.
The bureaucracy was satisfied and we waited for the decision of the "Supreme Court".
We did not allow ourselves any surprises in this matter.
After all, they cannot force me to defend myself fairly before a court that is not my court and also force me to formally live in the home where my home is not there!
A few days ago we learned how it all turned out at the "Supreme Court". And since a little tension doesn't hurt, we'll keep you on your toes for a little while longer.
But more about that sometime next time, if there will be any...
