B. Views under article 5 (4) of the Optional Protocol
Communication No. 757/1997
Submitted by: Mrs. Alzbeta Pezoldova (represented by Lord Lester of Herne Hill, QC)
Alleged victim: The author
State party: Czech Republic
Views: 25 October 2002
Subject matter: Impossibility to obtain access to
evidence that could support a property
restitution claim
in September 1939 and died in Italy in 1950. The
author’s father, Jindrich, was arrested by the
Germans in 1943 and imprisoned in Buchenwald
from where he was released in 1944. He went into
exile in the United States and did not return to
Czechoslovakia after the war.
Procedural issues: Incompatibility ratione temporis Non-exhaustion of domestic remedies Examination by another procedure of
international investigation or settlement
2.2 After the Second World War, the family
properties
were
placed
under
National
Administration by the Czechoslovak Government in
1945. Pursuant to the Decrees issued by the
Czechoslovak President Edward Benes, No. 12 of
21 June 1945 and No. 108 of 25 October 1945,
houses and agricultural property of persons of
German and Hungarian ethnic origin were
confiscated. These Decrees were applied to the
Schwarzenberg estate, on the ground that
Schwarzenberg
was
an
ethnic
German,
notwithstanding the fact that he had always been a
loyal Czechoslovak citizen and defended
Czechoslovak interests.
Substantive issues: Discrimination/equality before
the law - Right to an effective remedy
Articles of the Covenant: 2; 14; and 26
Articles of the Optional Protocol: 1, 2; 3; 5,
paragraph 2 (a) and (b)
Finding: Violation (articles 2 and 26)
1.
The author of the communication is
Mrs. Alzbeta Pezoldova, a Czech citizen residing in
Prague, Czech Republic. She claims to be a victim of
violations of articles 26, 2 and 14, paragraph 1, of
the International Covenant on Civil and Political
Rights by the Czech Republic. She is represented by
counsel. The Covenant entered into force for
Czechoslovakia in March 1976, the Optional
Protocol in June 1991.1
2.3 On 13 August 1947, a general confiscation
law No. 142/1947 was enacted, allowing the
Government to nationalize, in return for
compensation, agricultural land over 50 hectares and
industrial enterprises employing more than
200 workers. This law was, however, not applied to
the Schwarzenberg estate because on the same day a
lex specialis, Law No. 143/1947 (the so-called “Lex
Schwarzenberg”), was promulgated, providing for
the transfer of ownership of the Schwarzenberg
properties to the State without compensation,
notwithstanding the fact that the properties had
already been confiscated pursuant to Benes’ Decrees
12 and 108.2 The author contends that Law
The facts as submitted by the author
2.1 Mrs. Pezoldova was born on 1 October 1947
in Vienna as the daughter and lawful heiress of
Dr. Jindrich Schwarzenberg. The author states that
the Nazi German Government had confiscated all of
her family’s properties in Austria, Germany, and
Czechoslovakia,
including
an
estate
in
Czechoslovakia known as “the Stekl” in 1940. She
states that the property was confiscated because her
adoptive grandfather Dr. Adolph Schwarzenberg was
an opponent of Nazi policies. He left Czechoslovakia
2
The law reads:
“1. (1) The ownership of the property of the so-called
primogeniture branch of the Schwarzenberg family in
Hluboká nad Vlatavou - as far as it is situated in the
Czechoslovak Republic - is transferred by law to the
county of Bohemia ...
4. The annexation of the property rights as well as all
other rights according to paragraph 1 in favor of the
1
The Czech and Slovak Federal Republic ceased to
exist on 31 December 1992. On 22 February 1993, the
new Czech Republic notified its succession to the
Covenant and the Optional Protocol.
51
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents