2.10 In parallel proceedings, the author had been
dismissed from police service in 1992, but was
reinstated following a decision of the High
Administrative Court of 18 August 1993, declaring
the dismissal null and void. In 1995, he was
dismissed a second time from police service. By
decision of 8 May 1996, the High Administrative
Court upheld the dismissal, apparently because the
author had failed to comply with service discipline.
Appeal proceedings against this decision were still
pending at the time of the submission of the
communication.
2.6 By letter of 1 March 1995 addressed to the
High Administrative Court, the author complained
that the Court had failed to give the reasons and the
legal provisions on which its decision to dismiss his
complaint was based. This motion was rejected by
the Court on 14 March 1995. The author
subsequently sent a letter to the Minister of Justice,
accusing the judges who had decided on his
complaint of “perversion of justice”. On 30 March
1995, the President of the High Administrative
Court, to whom the letter had been forwarded by the
Ministry of Justice, informed the author that, while
no grounds existed for reopening his case, he was
free to lodge an extraordinary appeal against the
Court’s decision of 27 January 1995.
The complaint
3.1 The author claims to be a victim of violations
of articles 14, paragraph 1, and 26 of the Covenant,
as he was denied access to the courts, on the basis
that the refusal to appoint him to the rank of an
aspirant was not regarded as an administrative
decision and therefore not subject to review by the
High Administrative Court.
2.7 On 11 July 1995, the author requested the
Polish Ombudsman to lodge an extraordinary appeal
with the Supreme Court, with a view to quashing the
decision of the High Administrative Court. By letter
of 28 August 1995, the Ombudsman’s Office
informed the author that its competence to lodge an
extraordinary appeal was limited to alleged
violations of citizens’ rights and was subsidiary in
that it required a prior unsuccessful request to an
organ with primary competence to lodge an
extraordinary appeal with the Supreme Court. The
Ombudsman denied the author’s request, since it
failed to meet these requirements.
3.2 He argues that his complaint against the
refusal of appointment and the non-delivery of an
administrative decision involves a determination of
his rights and obligations in a suit at law, since
article 14, paragraph 1, must be interpreted broadly
in that regard. Moreover, he claims that the bias
shown by the judges of the High Administrative
Court and the fact that he was deprived of the
possibility to lodge an extraordinary appeal with the
Supreme Court, either through the Minister of
Justice or the Ombudsman, since the Ombudsman’s
Office had failed to process his request in a timely
manner, constitute further violations of article 14,
paragraph 1.
2.8 The author then asked the Ombudsman to
forward his request to the Minister of Justice. On
13 November 1995, he sent a copy of the request to
lodge an extraordinary appeal with the Supreme
Court to the Minister of Justice, in the absence of
any reaction from the Ombudsman. At the same
time, he requested reinstatement to the previous
condition, arguing that the expiry of the six-month
deadline to appeal the Court’s decision of 27 January
1995 could not be attributed to any failure on his
part. On 20 February 1996, the Ministry of Justice
denied the request to lodge an extraordinary appeal,
since the six-month deadline had already expired at
the time of the submission of the request
(16 November 1995) and because there was no basis
for the Minister to act, as the case raised no issues
affecting the interests of the Republic of Poland.
3.3 The author contends that the delivery of
administrative decisions is required in similar
situations, such as in cases of deprivation or
lowering of military ranks of professional soldiers or
when an academic degree is granted by the faculty
council of a university. Since soldiers and academic
candidates can appeal such decisions before the
courts, the fact that such a remedy was not available
to him is said to constitute a violation of article 26.
3.4 The author claims that he has exhausted
domestic remedies and that the same matter is not
being examined under another procedure of
international investigation or settlement.
2.9 On 4 March 1996, the author asked the
Ombudsman to reconsider his request to submit an
extraordinary request to the Supreme Court, arguing
that the delay in handling his first request of 11 July
1995 had caused the expiry of the six-month
deadline. In subsequent letters, he reiterated doubts
over the legality of the examination of his complaint
by the High Administrative Court. In his reply, dated
2 September 1996, the Ombudsman rejected the
request. He warned the author that his accusations
against the judges of the High Administrative Court
might be interpreted as constituting a criminal
offence.
State party’s submission on the admissibility and
merits of the communication
4.1 By note verbale of 22 June 1999, the State
party submitted its observations on the
communication, challenging both admissibility and
merits. While not contesting exhaustion of domestic
remedies, it submits that the communication should
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