1997 which upheld the author’s claim and ordered
the authorities to cease their continued inaction, the
District Office in Jindříchův Hradec considered his
case and issued a decision on 6 March 1998. The
Ministry of Interior decided on his appeal on 17 June
1998. On 5 August 1998, the author appealed the
decision of the Ministry to the Prague High Court.
At the time of the State party’s submission, these
proceedings remained pending, and thus domestic
remedies had not been exhausted. The State party
argues that the exception to the rule of exhaustion of
domestic remedies, i.e. unreasonable prolongation of
remedies does not apply in the present case, since,
given the dates of the above-mentioned decisions,
and considering the complexity of the case and the
necessary research, the application of domestic
remedies has not been unreasonably prolonged. In
addition, with regard to the effectiveness of these
remedies, the State party argues that the author
cannot forecast the outcome of his action, and that in
practice, if a court concludes that the legal opinion of
an administrative authority is incorrect, the
impugned decision of the Ministry of Interior will be
quashed. It underlines that under Section 250j,
paragraph 3, of the Czech Code of Civil Procedure,
an administrative authority is bound by the legal
opinion of the court.
his application”. He argues that remaining remedies
are futile, as the District Office decided against the
spirit of the decision of the Constitutional Court, and
that a judgement by the Supreme Court could only
overturn a decision from the District Office, without
making a final determination. Thus, available
remedies would only cause the author repeatedly to
appeal decisions to fulfil only formal requirements,
without ever obtaining a decision on the merits of his
case.
2.11 The author states that the same matter is not
being examined under another procedure of
international investigation or settlements.
The complaint
3.1 The author alleges a violation of his right to
equal protection of the law without discrimination
and of his right to due process of law.
3.2 The author claims to be a victim of a violation
of article 26 of the Covenant. He recalls that his
parents and he himself were victims of a violation of
their right to equal protection of the law without
discrimination, through unequal application of the law
and inequality inherent in the law itself, which does
not allow him to bring an action for negligence
against the authorities. Discrimination arises from the
authorities’ failure to issue a decision on their case,
although their application fulfilled the formal and
substantial requirements of Decree No. 33/1945. The
author further argues that domestic law does not
afford him a remedy against the inaction of the
authorities, and that he is being deprived of an
opportunity to enforce his rights. He claims that those
who had their case decided have a remedy available,
whereas he has no such remedy; this is said to amount
to discrimination contrary to article 26.
4.3 The State party contends that the claim under
article 26 of the Covenant is manifestly ill-founded,
as the author did not substantiate his claim nor has
presented any specific evidence or facts illustrating
discriminatory treatment covered by any of the
grounds enumerated in article 26. It further argues
that the author did not invoke the prohibition of
discrimination and equality of rights in the domestic
courts, and therefore did not exhaust domestic
remedies in this respect.
4.4 As to the alleged violation of article 14,
paragraph 1, the State party admits that the
allegation of breach of the right to a fair trial was
meritorious at the time of the initial submission of
the author. However, it argues that after the decision
of the Constitutional Court of 25 September 1997, an
administrative decision was issued by the District
Office on 6 March 1998, which was in conformity
with the judgement of the Constitutional Court, and
that the author’s right to a fair trial was fully
protected through this decision. Referring to the
dates of the above-mentioned decisions, the State
party further asserts that there was no undue delay.
The State party therefore considers that the claim
under article 14, paragraph 1, of the communication
is manifestly ill-founded. It lists a number of
remedies available to the authors if undue delay is
argued. The author could have filed a complaint with
the Ministry of Interior, or with the President of the
High Court. Another remedy available to him would
have been a constitutional complaint. The State party
3.3 The author claims to be a victim of a violation
of article 14, paragraph 1, as the inaction of the
authorities on his application for resumption of
citizenship proceedings amounts to a failure to give
him a “fair hearing by a competent, independent and
impartial tribunal established by law”, and that he is
a victim of undue delay in the administrative
proceedings.
State party’s admissibility and merits submission
4.1 On 3 February 1999, the State party
commented on the admissibility of the
communication and on 10 August 1999, it filed
observations on the merits. It argues that the authors
have not exhausted domestic remedies, and
considers that their claims under articles 14,
paragraph 1, and 26 are manifestly ill-founded.
4.2 The State party underlines that after the
decision of the Constitutional Court of 25 September
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