The State party’s submission on admissibility and
merits
presented his restitution claim to the ‘liable persons’
or, as applicable, to the ordinary courts of the Czech
Republic, nor has he shown that he presented the
claim within the time limit specified in Section 5 of
Act No. 87/1991. Thus, he has clearly failed to
exhaust domestic remedies.
4.1 On 11 August 2006, the State party
commented on the admissibility and merits of the
communication. On the facts, the State party clarifies
that the author apparently did not regain Czech
citizenship, and that on 18 April 1994, he applied to
the Constitutional Court in a submission designated
as “an action against the violation of human rights
and submittal of a petition for an amendment of the
law”. In this submission, he sought the repeal and
amendment of certain provisions of Act No. 87/1991
on Extra-Judicial Rehabilitations, the restitution of
his property, and compensation for his rights in rem
and inheritance rights amounting to more than US$
50 million. On 29 November 1995, the
Constitutional Court dismissed his application, and
on 4 March 1996, the Constitutional Court set aside
the author’s complaint against the 29 November
1995 decision.
4.4 As regards the proceedings before the
Constitutional Court, the author deprived himself of
the opportunity for the Court to consider, and decide
on, his petition. The author’s application to the Court
of 18 April 1994 suffered from procedural defects
that prevented the Court from considering it. 4 The
author did not submit a copy of the decision on the
latest remedy provided by the law for the protection
of his rights, and omitted to be represented by a
lawyer (a requirement before the Constitutional
Court). As a result, he was requested by the
Constitutional Court, on 22 June 1994, to remedy
these defects. In his reply, he merely presented
additional reflections de lege ferenda on the issue of
Czech restitution legislation, and the defects in his
petition were not remedied. Therefore, on 29
November 1995, the Constitutional Court dismissed
his application.5
4.2 The State party recalls that Section 1 of Act
No. 87/1991 applies to the mitigation of certain
property and other injustices which arose in the
period from 25 February 1948 to 1 January 1990.
The Act lays down preconditions for raising claims
relating to forfeiture of property and items, as well
as the rules governing compensation, and the scope
of such claims. Under Section 2, the forfeited
property or item is either surrendered, or financial
compensation is provided. Pursuant to Section 3,
subsection 1, ‘eligible persons’ are those persons
who were rehabilitated under Act No. 119/1990,
whose property item passed into State ownership in
specified instances, provided the person is a Czech
or Slovak citizen. The person liable to surrender the
property, as defined by Section 4, must surrender the
property item upon a request made in writing by the
eligible person, who has proved his entitlement to
the property item and who has specified how the
State came to have the item. If the item is a movable
item, the eligible person must also prove where the
movable is situated. Section 5, subsection 2,
provides that the eligible person must request the
liable person to surrender the property item within
six months of the entry into force of the Act. If the
liable person fails to surrender the property item, the
eligible person may bring his claims to a court
within one year. Further, Section 8 of the Act
specifies that the eligible person has a right to
financial compensation if the property item is not
surrendered to him. An application in writing for
financial compensation must be filed within one year
of the entry into force of the Act, or within one year
of the day of the judgement whereby the request for
surrender of the item was rejected.
4
The State party explains that Section 30, subsection 1, of
Act No.182/1993 on the Constitutional Court provides that
natural and legal persons, as parties or enjoined parties to
proceedings before the Constitutional Court, shall be
represented by a barrister, or a commercial lawyer, or a
notary public. Section 34, subsection 1, of the Act
provides that the petition for the initiation of proceedings
shall be lodged with the Constitutional Court in writing.
The petition must clearly indicate the person lodging the
petition, what matter the petition concerns, and what the
petition pursues. The petition must also be signed and
dated. It should contain an account of the relevant facts
and evidence referred to. Section 43, subsection 1,
provides that the judge rapporteur shall dismiss the
petition in a Resolution, without holding a hearing and
without calling the parties, (a) if the petitioner has failed
the remedy the defects in his petition within the time limit
given to him for this purpose, or (b) if the petition was
lodged after the time limit stipulated in the law, […] (e) if
it is a petition for the consideration of which the
Constitutional Court has no competence, or (f) if the
petition is inadmissible, unless the law stipulates
otherwise. Section 72, subsection 2, provides that a
constitutional appeal can be lodged within sixty days. This
time limit starts running on the day of the last decision on
the latest remedy the law provides for the protection of the
right, and if there is no such remedy, on the day on which
the fact which is the subject matter of the constitutional
appeal arose. Section 75, subsection 1, provides that a
constitutional appeal is inadmissible if the appellant has
not exhausted all procedural remedies provided by the law
for the protection of his rights; a petition for the
permission to reopen proceedings is not regarded as such
remedy.
5
The State party provides a translation into English of the
Resolution of the Constitutional Court of the Czech
Republic, File Ref. II ŪS 62/94-35: the author “failed to
lodge his constitutional appeal through a barrister, he
failed to prove his membership of the Czech Bar
association, and he failed to submit a copy of the decision
4.3 On admissibility, the State party recalls that the
author has not proved in any way, whether at the
national level or before the Committee, that he
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