reiterate, as it observed in its General Comment 14 [23], that "it is evident that the designing, testing, manufacture, possession and deployment of nuclear weapons are among the greatest threats to the right to life which confront mankind today". 3 notes that this contention is highly controversial even in concerned scientific circles; it is not possible for the Committee to ascertain its validity or correctness. 5.7 On the basis of the above considerations and after careful examination of the arguments and materials before it, the Committee is not satisfied that the authors can claim to be victims within the meaning of article 1 of the Optional Protocol. 6. The Human Rights Committee therefore decides: (a) That the communication is inadmissible under article 1 of the Optional Protocol; 5.8 In the light of the above, the Committee need not address the other inadmissibility grounds that have been adduced by the State party. (b) That this decision shall be communicated to the State party, to the authors and to their counsel. 5.9 Although the authors have not shown that they are "victims" within the meaning of article 1 of the Optional Protocol, the Committee wishes to __________ 3 General Comment 14 [23], adopted on 2 November 1984. Communication No. 669/1995 Submitted by: Gerhard Malik [represented by counsel] Alleged victim: The author State party: Czech Republic Declared inadmissible: 21 October 1998 (sixty-fourth session) The facts as presented by the author Subject matter: Discriminatory effect or expropriation decrees adopted in 1945 in their application to former residents of the former Czechoslovakia 2.1 Mr. Malik was born a citizen of Czechoslovakia on 3 July 1932 in Schoenbrunn/Oder, in what was then known as Eastern Sudetenland. This territory had been part of the Austrian Empire until November 1918, when it became part of the new State of Czechoslovakia. In October 1938, the territory became part of Germany by virtue of the Munich Agreement, and at the end of the Second World War in May 1945 it was restored to Czechoslovakia. Since 1 January 1993 it forms part of the Czech Republic. Procedural issues: Failure to substantiate claim Non-exhaustion of domestic remedies Substantive issues: Equality before the courts Principle of non-discrimination – Enjoyment of minority rights Articles of the Covenant: 12 (4), 14, 26 and 27 Articles of the Optional Protocol and Rules of procedure: 2 and 5, paragraph 2 (b) 2.2 The author states that in 1945 he himself, his parents and grandparents were deprived of Czechoslovak citizenship by virtue of the Benes Decree No. 33 of 2 August 1945 on the Determination of Czechoslovak citizenship of persons belonging to the German and Hungarian Ethnic Groups. 1. The author of the communication is Gerhard Malik, a German citizen residing in Dossenheim, Germany. Mr. Malik claims to be a victim of violations of articles 12, 14, 26 and 27 of the International Covenant on Civil and Political Rights by the Czech Republic. He is represented by Leewog and Grones, a law firm in Mayen, Germany. The Covenant entered into force for Czechoslovakia on 23 March 1976, the Optional Protocol on 12 June 1991 The Czech and Slovak Federal Republic ceased to exist on 31 December 1992. On 22 February 1993, the Czech Republic notified its succession to the Covenant and the Optional Protocol. 2.3 Mr. Malik and his family were subjected to collective exile, together with other members of the German ethnic group of Schoenbrunn, who were expelled to the United States occupation zone of Germany on 21 July 1946. According to the author, he and his family did not have any real or legal opportunity to oppose this measure. Their property was confiscated by virtue of Benes Decree No. 108/1945 of 25 October 1945. The author 19