since she had not been a citizen on 29 May 1992, and
therefore was not an entitled person as defined by the
law.
5.2 As regards the State party’s argument that the
communication is manifestly ill-founded, counsel
refers to the legal regime for restitution and
compensation, which consists of different laws and
lacks transparency. The author contests the version
of the facts presented by the State party and
maintains that her family’s property was taken
unlawfully by the State under Benes’ Decrees
Nos. 12/1945 and 108/1945, and that Law
No. 143/1947 did not take property away from the
family. If, however, which the author denies, the
Law No. 143/1947 did deprive the author’s family of
their property as suggested by the State party, then
the author challenges
5.7 The author claims that the requirement of
Czech citizenship constitutes a violation of her rights
under articles 2 and 26 of the Covenant. In this
context, she refers to the Committee’s Views in the
Simunek case.
5.8 Counsel further submits that, in a decision of
26 May 1998, the Constitutional Court, concerning
the Salm palace in Prague, decided that the author’s
restitution claim was inadmissible for being out of
time and that it therefore need not decide whether or
not the author had a title to the property. According
to the author, in refusing to decide her title claim, the
Court denied her justice in violation of article 14,
paragraph 1, of the Covenant.
“the State party’s statement that the property was
taken
before
the
qualifying
date
of 25 February 1948. In this context, the author
refers to her earlier submissions and argues that the
Courts have failed to recognize the arbitrary, unfair
and unconstitutional nature of the provision of the
qualifying date of 25 February 1948.”
Admissibility considerations
6.1 At its sixty-sixth session in July 1999, the
Committee considered the admissibility of the
communication.
5.3 The author notes that the State party has not
addressed the complaint that the Constitutional
Court denied her a hearing concerning the
constitutionality of Law No. 143/1947 by declaring
her complaint inadmissible.
6.2 It held that the author’s claims concerning
Law No. 143/1947 were outside the Committee’s
competence ratione temporis and thus inadmissible
under article 1 of the Optional Protocol.
5.4 Concerning the State party’s argument that
the communication is inadmissible ratione temporis,
the author points out that she does not complain that
law No. 143/1947 was in violation of the Covenant,
but that the acts and omissions of the State party’s
public authorities after the entry into force of the
Covenant and Optional Protocol, denying her an
effective remedy of restitution and compensation in
a discriminatory manner, violate the Covenant.
6.3 With regard to the author’s claim that she was
denied a fair hearing because of the manner in which
the courts interpreted the laws to be applied to her
case, the Committee recalled that the interpretation
of domestic law is essentially a matter for the courts
and authorities of the State party concerned and
declared this part of the communication inadmissible
under article 3 of the Optional Protocol.
5.5 With regard to the State party’s argument that
her communication is wider in scope than her appeal
to the Constitutional Court, and that several
constitutional complaints are still pending before the
Constitutional Court, she states that this is due to the
failure of the courts to deal with the substance of her
case, and the lack of cooperation by the authorities to
investigate and to assist the author to clarify the
matters at issue.
6.4 The Committee also considered inadmissible
the author’s claim that she is a victim of a violation
of article 14, paragraph 1, of the Covenant, because
the courts refused to determine whether she had a
legal title to property. The Committee found that the
author had not substantiated her claim, for purposes
of admissibility, that the failure of the courts in this
respect was arbitrary, or that the Government’s
failure to examine the constitutionality of
Law No. 143/1947 constituted a violation of
article 14 (1).
5.6 In a further submission, dated 12 January 1999,
the author informs the Committee about
developments in her case. She refers to decisions
taken by the Constitutional Court on 4 September
1998, in which the Court decided that her claims for
restitution under Law No. 243/1992 were outside the
time limit prescribed for claims under that Law. She
explains that the time limit for filing complaints was
31 December 1992, and for entitled persons who as of
29 May 1992 were not residing in the Czech
Republic, 15 July 1996. The author, having become a
Czech citizen and resident in 1993, made her claim on
10 July 1996. The Court, however, rejected her claim
6.5 With regard to the State party’s objection that
the communication was inadmissible for nonexhaustion of domestic remedies, the Committee
noted that all the issues raised in the present
communication have been brought before the
domestic courts of the State party in the several
applications filed by the author, and have been
considered by the State party’s highest judicial
authority. The Committee considered therefore that
it was not precluded from considering the
55
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