compensate victims of the 1945 seizures decreed by
the pre-Communist regime.
9 February 1995, had rejected the author's appeal to
the judgement of the Local Court, in Bratislava. The
author provides the text of the decision in Slovak
and an English translation. There had never been any
remedies available in respect of the author's
discrimination claim.
6.5 The Committee has consistently held that not
every distinction or differentiation in treatment
amounts to discrimination within the meaning of
articles 2 and 26. The Committee considers that, in
the present case, legislation adopted after the fall of
the Communist regime in Czechoslovakia to
compensate the victims of that regime does not
appear to be prima facie discriminatory within the
meaning of article 26 merely because, as the author
contends, it does not compensate the victims of
injustices allegedly committed by earlier regimes.
The author has failed to substantiate such a claim
with regard to articles 2 and 26.
5.2 By a further letter of 23 July 1996, counsel
claims that Slovak authorities discriminate against
individuals of German origin.
Admissibility considerations
6.1 Before considering any claims contained in a
communication, the Human Rights Committee must,
in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant. The Committee
notes with regret the State party's failure to provide
information and observations on the question of the
admissibility of the communication.
6.6 The author has claimed that Slovakia violated
article 17 of the International Covenant on Civil and
Political Rights by not rectifying the alleged
criminalization of his family by the Slovak
authorities. The Committee considers that the author
has failed to substantiate this particular claim.
6.2 The Committee notes that the challenged law
entered into force for the territory of Slovakia in
1991, when that country was still part of the Czech
and Slovak Federal Republic, that is, before
Slovakia's succession to the Covenant and the
Optional Protocol in January 1993. Considering,
however, that Slovakia continued to apply the
provisions of the 1991 law after January 1993, the
communication is not inadmissible ratione
temporis.
7.
The Human Rights Committee therefore
decides:
(a)
the communication is inadmissible
under article 2 of the Optional Protocol;
(b)
that
this
decision
shall
be
communicated to the State party, to the author and to
his counsel.
6.3 Although the author's claim relates to property
rights, which are not as such protected by the
Covenant, he contends that the 1991 law violates his
rights under articles 2 and 26 of the Covenant in that
it applies only to individuals whose property was
confiscated after 1948 and thus excludes from
compensation in respect of property taken from
ethnic Germans by a 1945 decree of the preCommunist regime. The Committee has already had
occasion to hold that laws relating to property rights
may violate articles 2 and 26 of the Covenant if they
are discriminatory in character. The question the
Committee must therefore resolve in the instant case
is whether the 1991 law applied to the claimant falls
into this category.
APPENDIX
Individual opinion submitted by Ms. Cecilia Medina
Quiroga and Mr. Eckart Klein pursuant to rule 94,
paragraph 3, of the Committee’s rules of procedure,
concerning the Committee’s decision on communication
No. 643/1995,
Peter Drobek v. Slovakia
The author of the communication contends that the
State party discriminated against him by enacting Law
87/1991, which grants relief to individuals whose lands
were confiscated by the communist regime and which
does not grant it to those of German origin whose lands
were confiscated under the Benes Decrees.
The Committee has declared this communication
inadmissible for lack of substantiation of the author’s
claim. We do not agree with this decision. The author
has given clear reasons why he thinks he is being
discriminated against by the State party: this is not only
because of the fact that Law 87/1991 applies only to
property seized under the communist regime and not to
the 1945 seizures decreed between 1945 and 1948 by the
pre-communist regime; the author argues that the
enactment of Law 87/1991 reflects the support by
Slovakia of discrimination which individuals of German
origin suffered immediately after the Second World War.
He further adds that such discrimination on the part of
the Slovak authorities continues until the present day
6.4 In its views on communication 516/1992
(Simunek v. Czech Republic), the Committee held
that the 1991 law violated the Covenant because it
excluded from its application individuals whose
property was confiscated after 1948 simply because
they were not nationals or residents of the country
after the fall of the Communist regime in 1989. The
instant case differs from the views in the above case,
in that the author in the present case does not allege
discriminatory treatment in respect of confiscation of
property after 1948. Instead, he contends that the
1991 law is discriminatory because it does not also
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