English

Ministry of Justice

For the attention of the Minister of Justice

Vyšehradská 16

128 10 Prague 2

posta@msp.justice.cz

Subject: Request for recovery of criminal process with Mr. Mgr. Dusan Dvorak, born January 12, 1962, Tylova 779 00 Olomouc and a complaint for violation of the law according to § 266 of Act No. 141/1961 Coll. to in the matter of guilt and punishment for illegal drug production according to the judgment of the circuit court of Prostejov - 2 T 104/2010, KS Brno - 3 To 25/2011, confirmed by judgment of Czech Republic Supreme Court - 8 Tdo 1231 /2011- 55 and by Czech Republic Constitutional Court - II.ÚS 664/12

Dear Minister of Justice

We - below listed citizens of Olomouc and Olomouc’s NGOs - submit an application for recovery of criminal process and make a complaint for violation of the law. We would like to ask you for priority consideration with regard to other criminal proceedings of Mr. Dusan Dvorak.

In 2008 Supreme Court of Czech Republic ruled that cannabis growing and processing for an alternative therapy is not a criminal offense, even if the citizen does not have relevant permission because the authorities do not issue it (see Appendix 1).

Despite this judgment was Dusan Dvorak citizen of Olomouc, founder of the research program "Cannabis is the cure" sentenced without consideration of his action social dangerousness as a necessary legal condition or without application of new Criminal Code section 31, paragraph 1 - acceptable risk. Dusan Dvorak has never been proven of spreading of addiction or sale of marijuana on the black market etc., on the contrary.

Mr. Lubomir Dvorak, rector of Palacky University of Olomouc witnessed that cannabis produced in Dvorak’s family farm in Ospělov was allocated to medical research supported by a leading scientist Ondrej Lumír Hanus. Physicians and patients testified and submitted evidences in favor of Mr. Dusan Dvorak in the court, a written personal support was expressed by Mayor of Olomouc on top of it the professional guarantee was provided by Office of the Government of the Czech Republic and international institutions. In 2009 Mr. Dusan Dvorak received based on the proposal from the Government Committee for the disabled the price of Prime Minister Jan Fischer for education in the treatment of cannabis   (Annex 2, 3, 4).

Mr. Dusan Dvorak and members of the research "Cannabis is the cure" have been asking for police cooperation in vain since 2008 and have repeatedly asked for police protection. Although the cultivation of cannabis was reported in advance Dusan Dvorak was convicted, because he had no relevant permission, which can't be officially obtained.

Mr. Dusan Dvorak has been asking in vain the permission to grow cannabis as part of the research program from the Ministry of Health since 2000. Ministry of Health, however, repeatedly informs that Czech legal order does not know such type of permission.

“Loss” of almost 300 kg of cannabis confiscated by state authorities in Prostejov was never investigated nor explained by courts of all levels although only 25 kg was addressed for confiscation. Investigation required by internal department of Police Headquarters initiated based on lot of protests and complaints of the three founders of Educational cannabis clinic, which was Mr. Dusan Dvorak director and founder, was stopped by public prosecutor's office in Prostejov in 2011 (see Annex 5).

District prosecutor's office in Prostejov prohibited investigation of police incentive despite the report of court physician (see Annex 6) of tragic effects of erroneous application of criminal law on the sick and the innocent citizens with the consequences of grievous bodily harm, including harm resulting in death which was sent to Prosecutor's office, Circuit court and Police department in Prostejov.

Only proper and legitimate measure of punishable content of cannabinoid THC in all confiscated cannabis would prove that the researcher Mr. Dusan Dvorak didn’t prepare and cultivate illegal cannabis varieties on the farm in Ospělov known in criminal law and accurately defined by Government Regulation in 2009.

From the botanical point of view the amount of confiscated and recalculated green dry substance was at least 70-80 kg of female flower. District prosecutor's office in Prostějov sued Mr. Dušan Dvořák in April 2010. THC level was measured only from female flowers (dried and growing) like in case of marijuana dealers even though the police was according valid criminal code required to measure level of THC of the whole plant not only of female flowers.

The same approach in contrary to criminal code was used for THC level measurement during “harvest” in 2010 and 2011. All complaints and appeals pointing out that medicinal cannabis was owned and processed by company "Cannabis is the cure" civic association are rejected even though valid Section 5, paragraph 5 of the Act on Addictive Substances allows in line with section 29 of the same act cultivation, collection and processing of by Criminal Code approved varieties of cannabis for the research purposes without permission until area 100 m2.

Government regulation of criminal code defines legal cultivation of such cannabis varieties which do not contain in the whole plant more than 0,3 % THC. All courts didn’t allow providing evidence of real THC level as per valid criminal code and was refused to take the request into account.

There were repeatedly provided evidences to the courts that Mr. Dušan Dvořák works with entire green cannabis dry matter as well as with male plants, he does not isolate THC from cannabis to dronabinol and does not process cannabis for sale of marijuana neither spread of drug addiction!

We believe that it is not in accordance with the principles and laws of a democratic country when the police, public prosecution and the court repeatedly condemns and punishes person demonstrating the interest in human rights and having such social support. He probably as first person person of the world together with Dr. Irina Huberňák provided evidence that cannabis ointment from the research program "Cannabis is the cure" can save diabetic patients from limb amputation which threatens about 3,000 citizens per year.

Dear Minister of Justice, we ask you kindly to recover the criminal process of Mr. Dusan Dvorak and make complaint for violation of the law at Supreme Court. The Annex, applications are collectively referred to http://zadame.blogspot.com/

Thank you.

Mgr. Lubomir Smekal, a psychologist, a signatory, co-founder and research www.konopijelek.cz, info@konopijelek.cz, born on 7th February 1952, Litovelská 14, 779 00 Olomouc with the approval of the following citizens of Olomouc and the Olomouc’s NGOs in Olomouc of 18 May 2012

Following signatories of decriminalization initiative "Cannabis is the cure" joined to request:

Prof. MUDr. PhDr. Jana Mačáková, CSc., proděkanka pro lékařské obory LF OU, Jílová 25, 779 00 Olomouc, MUDr. Aleš Skřivánek, lékař, Tylova 2, 779 00 Olomouc, Mgr. Milan Langer, soudní překladatel, Handkeho 1, 772 00 Olomouc, Mgr. Pavel Hekela, ředitel Českého rozhlasu Olomouc, Resslova 18, 772 00 Olomouc, Mgr. Ivana Herzogová, ředitelka InternetPoradna.cz, Brněnská 50, 779 00 Olomouc, Jan Koráb, grafik, Komenského 10, 779 00 Olomouc, Mgr. Robert Nováček, speciální pedagog, Moravičany 81, 789 82 Moravičany, Mgr. Dita Palaščáková a Mgr.Radek Palaščák, občanské sdružení Zeměkoule, Hálkova 151/9, 779 00 Olomouc, Mgr. Michal Brumar, středoškolský učitel, Rožňavská 13, 779 00 Olomouc, Božena Buková, Karafiátova 2, 779 00 Olomouc, Jan a Zuzana Majerovi, Tylova 1, 779 00 Olomouc, Jiřina Hušeková, U Kovárny 30, 779 00 Olomouc, Ludvík a Zdeňka Balekovi, Mošnerova 26, 779 00 Olomouc, PaedDr. Lubomír a Libuše Dvořákovi, Neředínská 7, 779 00 Olomouc, Pavel Otava, I.P.Pavlova 65, 779 00 Olomouc, Ing. Radomír a Anna Sontágovi, Smetanova 24, 779 00 Olomouc, Vladimír a Dagmar Dopitovi, Petra Přichystala 14, 779 00 Olomouc, Ing. Oto Kaděrka, Zedníkova 113/12, 772 00 Olomouc - Radíkov, Ing. Pavel Němeček, ředitel Sdružení D, tř.17.listopadu 43, 779 00 Olomouc, MUDr. Romana Nyklová Skřivánková, lékařka, Rybniční 26, 772 00 Olomouc - Nedvězí

In addition following Olomouc NGOs joined to request:

CARITAS - College of Social Olomouc, Nam Republic 3, 779 00 Olomouc, Martin Bednář, Ph.D., Director

Trend Wheelchair Association, Lužická 7, 770 Olomouc, Mgr. Milan Langer, president

Europeans Club of Olomouc Region, o.s., 17 November 43, 772 00 Olomouc, Martin Stainer, Ph.D., Chairman of the Board

Union for the Morava River, Dolní náměstí, 38, 779 00 Olomouc, Mgr. Michal Krejci, chairman

Open Royal Academy, Tylova 2, 779 00 Olomouc, Ing. Frantisek Dvorak, Chairman of the Board

Civic Association Petit, Řepčínská 82, 779 00 Olomouc, Ing. Jiří Mensik, Chairman

Sunshine Nursery School in Olomouc, ops, Blahoslavova 2, 772 00 Olomouc, Marie Rumanová, Director

EDUKOL Association, o.s., 17 November 43, 772 00 Olomouc, Martin Stainer, Ph.D., Chairman of the Board

Attachments

 Appendix 1)

Judgment of Supreme Court of Czech Republic in 2008 - a legal analysis of the Palacky University

http://konopijelek.blogspot.com/2012/04/judikatura.html

Annex 2 - 4)

References of Mgr. Dusan Dvorak

http://konopijelek.blogspot.com/2012/04/vyjadreni-primatora-olomouce-soudu-ve.html

http://konopijelek.blogspot.com/2012/03/osvedceni-odbornosti-dusana-dvoraka.html

http://www.konopijelek.cz/index.php?stranka=oceneni

Appendix 5)

Refusal of a police investigation by public prosecutor

http://konopijelek.blogspot.com/2012/02/7-stiznost-policejnimu-prezidentovi.html

Appendix 6)

Statement of legal expert about the tragic effects of circuit court negotiation on the citizens EOF Prostejov

http://konopijelek.blogspot.com/2012/03/dukazy-o-zlocinech-proti-lidskosti.html

Appendix 7)

Negative comments on the application the court, prosecutors and police in 2012 on cooperation and protection of research

http://konopijelek.blogspot.com/2012/04/zadost-o-policejni-ochranu-odpoved_23.html