opportunity, without any distinctions based on race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or
other status, and without unreasonable restrictions to
have access, on general terms of equality, to public
service in his country. The Committee further
observes, however, that this right does not entitle
every citizen to obtain guaranteed employment in the
public service.
nor was he instructed about the possibilities of
appeal. He states that he submitted a complaint to the
Minister of Internal Affairs, because he did not know
to whom to turn, and expected the Minister to
redirect his complaint to the appropriate authority,
pursuant to article 65 of the Code of Administrative
Proceedings. He further submits that he complained
to the High Administrative Court as soon as he
learned from the press that such a recourse was
possible. Because of lack of legal advice, however,
he filed the complaint against the Qualifying
Committee's decision, not against the refusal to
employ him.
13.3 The Committee notes that the author has
claimed that he was unlawfully dismissed, since he
was not a member of the Security Police. The
Committee observes, however, that the author was
retroactively reclassified as a Security Police officer
on 2 July 1990; it was as a consequence of the
dissolution of the Security Police effected by the
Protection of State Office Act that the author's post
as Security Police officer was eliminated, resulting
in his dismissal on 31 July 1990. The Committee
notes that the author was not singled out for
retroactive reclassification of his post, but that posts
of others in positions similar to the author in
different regional districts were also retroactively
reclassified in the same manner. The reclassification
was part of a process of comprehensive
reorganization of the Ministry of Internal Affairs,
with a view to restoring democracy and the rule of
law in the country.
11.5 As regards the verification procedure, the
author states that he was given the choice between
participating in it or being dismissed. He contests
that by submitting himself to the verification
procedure he showed that he considered himself a
Security Police member. In this connection, he
points out that on the form, where it said
"application by a former Security Police
functionary", he crossed out the words "Security
Police" and replaced them with "Civic Militia".
11.6 As to the merits, the author states that he is
convinced that if he had been a good Catholic, he
would certainly be a police officer now. Since he
was considered eligible by the Central Qualifying
Committee, he does not see why he was not offered
a job with the Police, if not for his service in the
communist party and his political opinions. In this
context, he states that a colleague was recommended
by the Bishop of Czestochowa to the position of
Police Regional Commander and was accepted.
13.4 The Committee notes that the termination of
the author's post was the result of the dissolution of
the Security Police by the Protection of State Office
Act and by reason of the dissolution of the Security
Police, the posts of all members of the Security
Police were abolished without distinction or
differentiation.
Review of admissibility
13.5 Moreover, as regards the author's complaint
about the verification procedure to which he was
subjected, the Committee notes that, on appeal, the
author was found to be eligible for a post in the
Police. Thus, the facts reveal that the author was not
precluded from access to the public service at that
stage.
12. The Committee notes the State party's claim
that the communication is inadmissible ratione
temporis and also for non-exhaustion of domestic
remedies. The Committee has examined the relevant
information made available by the State party.
However, the Committee has also examined the
information submitted by the author in this respect
and concludes that the facts and arguments as
advanced by the State party in support of its claim do
not justify the revision of the Committee’s decision
on admissibility.
13.6 The question remains whether the fact that the
author was not given a post in the Police constitutes
sufficient evidence to conclude that he was refused
because of his political opinions or whether said
refusal was a consequence of the limited number of
posts available. As reflected above, article 25 (c)
does not entitle every citizen to employment within
the public service, but to access on general terms of
equality. The information before the Committee does
not sustain a finding that this right was violated in
the author's case.
Examination of the merits
13.1 The question before the Committee is whether
the author's dismissal, the verification proceedings
and the subsequent failure to employ him in the
Police Force violated his rights under article 25 (c)
of the Covenant.
14. The Committee concludes that the facts
before it do not disclose a violation of any of the
provisions of the Covenant.
13.2 The Committee notes that article 25 (c)
provides every citizen with the right and the
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