7.3 On 29 November 2001, the Regional Court of Ceske Budejovice (15 Co 633/2001-115) as court of appeal confirmed that the Schwarzenberg estate was indeed confiscated pursuant to Section 1, par. 1, lit (a) of Decree No. 12/45, thus underlining the inapplicability of Law 143/47. However, the Court granted no redress to the author, because according to the author, there was no remedy available for anybody deemed to be of German or Hungarian stock. communication by the requirement contained in article 5, paragraph 2 (b), of the Optional Protocol. 6.6 The Committee noted that a similar claim filed by the author had been declared inadmissible by the European Commission of Human Rights on 11 April 1996. However, article 5, paragraph 2 (a), of the Optional Protocol would not constitute an obstacle to the admissibility of the instant communication, since the matter was no longer pending before another procedure of international investigation or settlement, and the Czech Republic had not made a reservation under article 5 (2) (a) of the Optional Protocol. 7.4 The Ministry of Lands also rejected the author’s appeals against the refusal by all land authorities to reopen various restitution procedures in the light of the crucial information that had been suppressed and which the author had finally been able to obtain. It is assumed that the uniform negative decrees from various land authorities were issued on instruction from the Ministry itself, as the Ministry has instructed the land authorities on other procedures concerning the author. 6.7 On 9 July 1999, the Committee decided that the author’s remaining claims, in that she had been excluded from access to a remedy in a discriminatory manner, were admissible as they may raise issues under articles 2 and 26 of the Covenant. Submissions on the merits 7.5 It is further stated that the Prague City Court ignored the relevant findings of the Czech Constitutional Court in not applying the restitution Law No. 243/92. It is alleged that this denial of justice constitutes unequal treatment because of the author’s language, national and social origin and property. 7.1 By submission of 23 March 2002, the author refers to the Committee’s Views in case No. 774/1997 (Brok v. The Czech Republic), and, with respect to the issue of equal access, within the limits of the admissibility granted for issues under articles 2 and 26 of the Covenant, alleges that the Ministry of Agriculture and various State archives, until the year 2001, consistently denied to the author and to all land authorities access to the complete file on the confiscation procedures against her grandfather Dr. Adolph Schwarzenberg and his appeals lodged in due course (see paragraph 5.5 above). In particular, it is stated that as late as 2001 author’s counsel was denied the inspection of the Schwarzenberg file by the director for legal affairs in the Ministry, Dr. Jindrich Urfus, and only when the author had found other relevant documents in another archive, was counsel informed by the Ministry, on 11 May 2001, that the file indeed existed and he was allowed to inspect it. Moreover, it is stated that on 5 October 1993 the head of the State archive in Krumlov, Dr. Anna Kubikova, had denied the author the use of the archive in the presence of her assistant Ing. Zaloha, dismissing her with the words “All Czech citizens are entitled to use this archive but you are not entitled to do so.” The author complains that such denials of access illustrate the inequality of treatment to which she has been subjected by the Czech authorities since 1992. 8.1 By note verbale of 7 June 2002 the State party made the following observations on the merits. With regard to the author’s challenge to the interpretation of Act No. 143/1947 by the Czech courts, the State party submits that “the interpretation of domestic law is essentially a matter for the courts and authorities of the State party concerned. It is not within the powers of the Committee to evaluate whether the competent authorities of the State party in question have interpreted and applied the domestic law correctly in the present case, unless it is established that they have not interpreted and applied it in good faith or it is evident that there has been an abuse of power. The proceedings of the courts of the Czech Republic in the case in question are described in detail in the Observation of the Czech Republic on the admissibility of the communication, which confirms the legality of the court proceedings. On the other hand, the author did not substantiate the allegation of the perverse interpretation of Act No. 143/1947.” 8.2 With regard to the author’s claim of discrimination between the interpretations of Act No. 142/1947 and Act No. 143/1947, the State party refers to its observation on the admissibility of the communication which contains the quotation of the relevant provisions of Act No. 143/1947 and explanation of their interpretation by administrative and judicial authorities of the Czech Republic. 7.2 The documents suppressed prove that, in fact, the Schwarzenberg estate was confiscated pursuant to Presidential Decree No. 12/45. The authorities of the State party not only prevented the author from detecting and reporting the complete facts of her case to the land authorities and courts and to meet the deadlines for lodging claims according to laws 87/91 and 243/92, but also wilfully misled all land authorities and the Human Rights Committee. 8.3 With regard to the author’s challenge of the choice of the qualifying date of 25 February 1948 as arbitrary, the State party observes that “the question of compliance of the qualifying date of 25 February 56

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