What are Beneš's decrees
- Beneš's decrees were legal norms from the period between 1940 and 1945. President Beneš issued 143 decrees that regulated the temporary foundation of the republic and the state administration before regular legislative bodies were formed.
- Beneš held the right to issue decrees because there was no parliament during the Nazi occupation. This competence of his was terminated on October, 28, 1945 when the Temporary National Assembly launched its operations.
- Not all decrees applied only to Germans. Some decrees covered the nationalization of banks, insurance companies and industrial conglomerates, others dealt with the reestablishment of the currency. In 1946, the Temporary National Assembly decided Beneš's decrees had the same validity as laws.
Brno - The Supreme Court ruled Monday that Karel de Fours Walderode did not collaborate with the Nazi occupation forces during WWII, but instead was a loyal Czechoslovak citizen.
This ruling confirmed the previous decision of the Regional Court in Liberec.
Based on this decision, Žďárek u Turnova authorities in northern Bohemia are obliged to return a 0.25 hectare forest to Johanna Kammerlander, heiress of the Walderode family.
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The verdict is crucial, since it may influence other restitution cases of Johanna Kammerlander who in 2005 tried to reclaim property worth CZK 120 million.
The property Kammerlander is asking for is currently owned by various institutions, such as the Turnov municipality, state forestry company Lesy ČR, Land Fund, and National Landmark Institute that owns Hrubý Rohozec Castle.
"There isn't sufficient evidence that Karel de Fours Walderode acted against the interests of Czechoslovakia," stated the decision of the Supreme Court, led by Ludvík David.
Beneš decrees
Walderode´s property, along with that of most alleged Nazi collaborators, was nationalised under president Edvard Beneš's decrees shortly after WWII ended.
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In 1947, he was granted Czechoslovak citizenship again, but he did not get his property back, as he left the country after the Communist Coup in February 1948.
In 1992, Karel de Fours Walderode was granted Czechoslovak citizenship but accusations of cooperating with the Nazis appeared shortly after the Walderode family filed a claim for their property.
Proved innocent
In its ruling, the Supreme Court declared that documents and tens of testimonies proved Walderode innocent.
Among those who testified at the court were also former communist authorities.
"And it was the same communist regime that deprived the aristocrat of his property," the judges added.
