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
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