purposes of article 5, paragraph 2 (b), of the
Optional Protocol.
in conjunction with the right to effective remedy as
provided under article 2, paragraph 3.
6.4 The Committee further considers that the
proceedings instituted by the second author and his
late father have been considerably protracted,
spanning a period of ten years, and thus may be
considered to be “unreasonably prolonged” within
the meaning of article 5, paragraph 2 (b), of the
Optional Protocol. The Committee does not consider
that the delays encountered are attributable to the
second author or his late father.
7.3
The Committee notes the statement of the
authors that the District Office and Ministry of
Interior, in their decisions of 6 March and 17 June
1998, arbitrarily re-interpreted his application on
resumption of proceedings on retention of
citizenship and applied the State party’s current
citizenship laws rather than Decree No. 33/1945, on
which the initial application had been based. The
Committee further notes that the latter decision was
quashed by the Prague High Court and yet referred
back for a rehearing. In its second assessment of the
case, the Ministry of Interior applied Decree
No. 33/1945, and denied the application.
6.5 As to the State party’s claim that the authors
failed to exhaust domestic remedies in relation to his
claim of prohibited discrimination, the Committee
recalls that the authors did not invoke the specific
issue of discrimination before the Czech courts;
accordingly, they have not exhausted domestic
remedies in this respect. The Committee concludes
that this part of the claim is inadmissible under
article 5, paragraph 2 (b), of the Optional Protocol.
7.4 The Committee recalls its jurisprudence that
the interpretation and application of domestic law is
essentially a matter for the courts and authorities of
the State party concerned. However, in the pursuit of
a claim under domestic law, the individual must
have access to effective remedies, which implies that
the administrative authorities must act in conformity
with the binding decisions of national courts, as
admitted by the State party itself. The Committee
notes that the decision of the Ministry of Interior of
31 May 2002, as well as its confirmation by the
Minister on 1 January 2003, were both quashed by
the Prague Town Court on 5 May 2004. According
to the authors, the Town Court ruled that the
authorities had taken these decisions without the
required reasoning and arbitrarily, and that they had
ignored substantive evidence provided by the
applicants, including the author’s father, Eugen
Czernin. The Committee notes that the State party
has not contested this part of the authors’ account.
6.6 With regard to the claim that the author was a
victim of unequal application of the law in violation
of article 26, the Committee considers that this claim
may raise issues on the merits.
6.7 Regarding the authors’ claim that they are
victims of a violation of their right to a fair hearing
under article 14, paragraph 1, the Committee notes
that the authors do not contest the proceedings
before the courts, but the non-implementation of the
courts’ decisions by administrative authorities. The
Committee recalls that the notion of “rights and
obligations in a suit at law” in article 14, paragraph
1, applies to disputes related to the right to property.
It considers that the author has sufficiently
substantiated his claim, for the purposes of
admissibility, that the way in which the Czech
administrative
authorities
re-interpreted
his
application and the laws to be applied to it, the delay
in reaching a final decision, and the authorities’
failure to implement the judicial decisions may raise
issues under article 14, paragraph 1, in conjunction
with article 2, paragraph 3. The Committee decides
that this claim should be examined on its merits.
7.5 The Committee further notes that since the
authors’ application for resumption of proceedings in
1995, they have repeatedly been confronted with the
frustration arising from the administrative
authorities’ refusal to implement the relevant
decisions of the courts. The Committee considers
that the inaction of the administrative authorities and
the excessive delays in implementing the relevant
courts’ decisions are in violation of article 14,
paragraph 1, in conjunction with article 2,
paragraph 3, which provides for the right to an
effective remedy.
Consideration of the merits
7.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose a violation
of article 14, paragraph 1, of the Covenant. With
regard to the above finding, the Committee considers
that it is not necessary to examine the claim under
article 26 of the Covenant.
7.2 The main issue before the Committee is
whether the administrative authorities (the District
Office in Jindříchův Hradec and the Ministry of
Interior) acted in a way that violated the authors’
right, under article 14, paragraph 1, to a fair hearing
by a competent, independent and impartial tribunal,
9.
In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide the author with an effective
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