Communication No. 643/1995 Submitted by: Peter Drobek [represented by the Kingsford Legal Centre, Australia] Alleged victim: The author State party: Slovakia Declared inadmissible: 14 July1997 (sixtieth session) Subject matter: Expropriation of property on grounds of ethnic origin 2.2 The author tried to avail himself of the restitution legislation and sought the return of his properties. On 25 May 1993, the local Court of Bratislava dismissed his claims. Counsel claims that the Court does not address the issue of discrimination and the racial injustice the author has suffered. In this respect, he claims that, as there are no effective domestic remedies available to him to obtain redress for the racial discrimination suffered, domestic remedies have been exhausted. Procedural issues: Inadmissibility ratione temporis Substantiation of claims Substantive issues: Discrimination - Legitimacy of differential treatment - Interference with honour and reputation Articles of the Covenant: 2, 17 and 26 Article of the Optional Protocol and Rules of procedure: 2 The complaint 3.1 The author claims to be the victim of a violation of articles 2 and 26 of the Covenant by the Slovak Government, because it has endorsed the ethnic discrimination committed before the Covenant existed by enacting a law which grants relief to those who had their lands expropriated for reasons of economic ideology and does not provide it to those expropriated on ethnic grounds. Counsel claims that article 2 of the Covenant in conjunction with the preamble are to be interpreted to mean that the rights contained in the Covenant derive from the inherent dignity of the human person and that the breach committed prior to the entry into force of the Covenant has been repeated by the enactment of discriminatory legislation in 1991 and by the decisions of the Slovak Courts of 1993 and 1995. 1. The author of the communication, dated 31 May 1994, is Peter Drobek, an Australian citizen, born in Bratislava. He claims to be the victim of violations by Slovakia of articles 2, 17 and 26 of the International Covenant on Civil and Political Rights. The Optional Protocol entered into force for Czechoslovakia on 12 June 1991. After the dissolution of the Czech and Slovak Federal Republic, Slovakia notified its succession to the Covenant and to the Optional Protocol effective the first day of the new Republic, 1 January 1993. The author is represented by counsel. The facts as submitted by the author 2.1 The author would have inherited from his father and his uncle certain properties in Bratislava which were expropriated pursuant to the Benes Decrees Nos. 12 and 108 of 1945 under which all properties owned by ethnic Germans were confiscated. In 1948, the Communist regime expropriated all private property used to generate income. After the fall of the communist regime, the Czech and Slovak Federal Republic enacted Law 87/19911 and after the creation of the State of Slovakia, the Slovakian Government instituted a policy whereby property taken under the Communist regime could be reclaimed. However, the restitution legislation did not cover confiscation effected under the Benes decrees. 3.2 The author claims that there is a violation of article 17 as his family were treated as criminals, their honour and reputation being damaged. In this respect, the author claims that until the Slovak Government rehabilitates them and returns their property, the Government will continue to be in breach of the Covenant. State party's observations and author comments thereon 4. On 11 August 1995, the communication was transmitted to the State party under rule 91 of the Committee's rules of procedure. No submission under rule 91 was received from the State party, despite a reminder addressed to it on 20 August 1996. 5.1 By a letter of 10 August 1995, counsel informed the Committee that domestic remedies had been exhausted in respect of the author's property claim and that the City Court Session, on 1 See Committee’s Views on communication No. 516/1992 (Simunek et al. v. Czech Republic), adopted 19 July 1995, and No. 586/1994 (Adam v. Czech Republic), adopted 23 July 1996. 13