To our regret we cannot follow the Committee's decision that the communication is also inadmissible as far as the author claims that he is a victim of a violation of article 26 of the Covenant, because the Law No. 87/1991 would deliberately discriminate against him for ethnical reasons (See para. 3.4). For the reasons given in our Individual Opinion in Communication No. 643/1995 (Drobek v. Slovakia), we think that the Committee should have declared the communication admissible in this regard. APPENDIX Individual opinion submitted by Ms. Cecilia Meddina Quiroga and Mr. Eckart Klein pursuant to rule 94, paragraph 3, of the Committee’s rules of procedure, concerning the Committee’s decision on communication No. 669/1995, Gerhard Malik v. Czech Republic Communication No. 670/1995 Submitted by: Mr. Rüdiger Schlosser [represented by counsel] Alleged victim: The author State party: Czech Republic Declared inadmissible: 21 October 1998 (sixty-fourth session) 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. Subject matter: Discriminatory effect of expropriation decrees adopted in 1945 in their application to former residents of the former Czechoslovakia Procedural issues: Failure to substantiate claim Non-exhaustion of domestic remedies 2.2 The author states that in 1945 he as well as his parents 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. Substantive issues: Equality before the courts Principle of non-discrimination Articles of the Covenant: 12 (4), 14, 26 and 27 Articles of the Optional Protocol: 2 and 5 (2) (b) 2.3 Mr. Schlosser and his family were subjected to collective exile, together with other members of the German ethnic group of Aussig, who were expelled to Saxonia in the then Soviet occupation zone of Germany on 20 July 1945. He claims that this expulsion was in violation of international law, since it was based on ethnic and linguistic discrimination. Mr. Schlosser's father Franz, who died in 1967, was an antifascist and member of the Social Democratic party. He had been a businessman in the construction industry and owned two houses and several pieces of real estate, which were confiscated by virtue of Benes Decrees No. 12/1945 of 21 June 1945 and No. 108/1945 of 25 October 1945. The author submits the text of the decrees and a copy of the relevant pages from the registry book of Chabarovice, Usti nad Labem, which show that the property was confiscated pursuant to the Benes Decrees. 1. The author of the communication is Rüdiger Schlosser, a German citizen residing in Tretow, Germany (Province of Brandenburg, former German Democratic Republic). Mr. Schlosser 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. The facts as submitted by the author 2.1 Mr. Schlosser was born a citizen of Czechoslovakia on 7 June 1932 in Aussig (today Usti nad Labem), in what was then known as Sudetenland. This territory had been part of the Austrian Empire until November 1918, when it became part of the new State of Czechoslovakia. In The complaint 3.1 The author complains of a continued violation of his rights to enter his own country, to equality 23